Terms & Conditions
Terms and Conditions
The following terms and conditions apply to all website design & development, social media management & content creation including other services provided by Brandviser Australia to the client. Please read these terms and conditions carefully, as any purchase or use of our services implies that you have read and accepted our terms and conditions. Agreeing to the contract means that you agree with these terms and conditions.
Commencement of Work
Payment of the initial deposit will be considered an acceptance of the contract for work. We will start working once the payment has been made as mentioned in the contract or as unless agreed. The client agrees to the terms and conditions while paying the initial payment or via the email replying to the contract that they agree and wish to proceed.
If client halts work and apply for a refund within 1 week, work completed shall be billed at an hourly rate of $45 and shall be deducted from the initial payment. The refund shall be returned to the client. If extra work has incurred than initial payment, the client is liable to pay for the same.
Timeframes
To remain efficient, we must ensure that the work we have programmed is carried out at the scheduled time. Therefore, we ask that you provide all the required information in advance, so we would be able to be in sync with the milestones detailed in this document. We will add a 5-day slack to the times mentioned and can take more time as per clients’ feedback. If the client does not provide the information asked for more than 10 days, Brandviser holds the right to terminate the contract and request for full payment and then work for any changes if requested by the client. The client must not terminate the project due to personal reasons. In the case of mishappenings or any personal health issues, the client can ask for more time up to 30 days or can pay in 3 installments.
Additional expenses
Client agrees to reimburse for any additional expenses necessary for the completion of the work. Examples would be custom photography, content creation, purchases of special fonts or stock photography etc. unless stated in the proposal. Client shall be notified prior to these charges via call or email.
Training & Support
2 months of free support provided for changes to the website. This should only be related to content changes and not design changes once the website is ready. After that $149 will be charged per maintenance/changes.
Domain Names & Hosting
Note that Brandviser does not offer hosting ourselves, but we do host with third parties. While the third party is chosen based on a trusting and successful relationship in the past, Brandviser is not responsible for any shortcomings or errors that may occur on the part of the third parties. Usually, our server availability is 99.97% when using AWS throughout the year. Any changes will be sent to you prior to that. We can not share access to our servers.
Brandviser may purchase domain names on behalf of the client. Payment and renewal of these domain names 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 Brandviser. The client should make a record of the due dates of payment to ensure that payment is received in good time.
Ownership
The client will gain total ownership of the finished, assembled web pages, templates, graphics, logos, branding, artwork, marketing copy, source code and instructional material produced by Brandviser. Brandviser will be entitled to use the website source as a portfolio and promotional reasons on the footer. Brandviser does not hold any legal obligations once the project is handed over to the client for any issues such as but not limited to DDOs attack, SQL injection, WordPress plugin etc. The user will be provided access on editor or author level for updating the website. The client will not be given ownership of the subscriptions or any third-party services we use.
Browsers
Brandviser makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (Google Chrome, Firefox, Internet Explorer 8 & 9, Safari). Client agrees that Brandviser cannot guarantee correct functionality with all browser software across different operating systems. Brandviser cannot accept responsibility for web pages which do not display acceptably in new version of browsers released after the website have been designed and handed over to the client. As such, Brandviser reserves the right to quote for any work involved in changing the website design or code for it to work with updated browser software.
Social Media Marketing
We do not guarantee any specific number of followers gain. We use our strategy which may or not may work in some scenarios and we tend to change our strategies on a trial and error basis.
Payments & GST
All payments should be made prior to the completion of the project. 20% deposit is needed to start the work or more unless stated. Proposed amounts are excluding GST. GST of 10% will be charged to the invoices. If the client stops providing us with the information required for the project or applies for a refund after 2 weeks of work; Refunds will not be accepted if it is due to personal reasons. The client must not terminate the contract for personal reasons such as health, not wishing to continue, not interested any more, etc reasons. If this happens Brandviser will request for full payment within 14 days. If there is any happening that halts the client to work on the project completion, they can request more time up to 2 months for payments and 20 days for information asked until unless something else is stated to them. Fees for monthly services are billed 1st business day of each calendar month and are due on a net-30 basis or as specified to the client via email. All payments will be made in AUD.
If a client has not paid for hosting, we will send reminders for 1 month. After that Brandviser has the right to delete your website or display pop-up on your website stating Hosting expired and promotional links.
Website Marketing & Application
We do not guarantee any specific number of leads or gain in impressions until unless stated in the proposal. We do not tend to buy fake leads or fake impressions but work with Google, Bing, IOS guidelines.
Website Changes
We will do any changes you need on the website and these are limited to; content changes, image changes and mobile versions. We will do these changes before the first initial review or 2 times after that. We provide support after that. If the client asks for changes in the design of the website after one design has been reviewed, the client may be asked for an extra fee. We can do minor changes but can not rearrange the design. This is because we agree to design your website and not as a in house provider. You can discuss this with us and we can definitely agree to terms based on your requirements.
Liability & Warranty
Brandviser liability will be limited to the cost of supply for this work. Brandviser is not responsible for any indirect losses. Once a client has agreed to a look and feel proof and instructed Brandviser to proceed to develop, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate. We offer a 45-day post-launch bug fixing warranty at no charge. Once the client has agreed to mark the website project as complete, we will not be liable for any specific breakdown unless agreed. Brandviser is not liable for website performance. Brandviser is not liable if the website goes down without any actions taken by us. If the client changes the design. We are not liable for breakdown caused by a third party or the client trying to alter the website. Brandviser is not liable for the loss of website if hosting was not paid by the client or if it is not hosted by us.
Termination of contract
The contracting party will not have the right to cancel this contract after the project has commenced. If, after commencing the project, the contracting party decides not to continue with project development, then the contracting party is obliged to pay the total amount of work that has been completed up to the day of cancellation based on $45 hourly rate. If a client uses a different agency for their website after we have worked then we do not oblige to help with any issues on the website.
Legal Stuff We can’t guarantee that our work will 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, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
We hold the right to terminate the contract if the client is rude in any means and demoralise our staff. We appreciate criticism but we will not accept the client to blame our staff for something we are not responsible for. Upon termination, the client shall pay the outstanding invoice or the invoice generated for the work done till date.
Refunds
If the client is not happy with the web design services during the first initial review; they can ask for a refund. After the first initial review, the client is not eligible for a refund. Please refer to the Termination and Payment section of terms and conditions.
Debt Collection and Enforcement
If the client refuses to pay or does not want to continue for the project; the client is requested to pay the invoice with the agreed full payment or unless stated. If the client has been happy with the services but suddenly asks not t o continue: In this case Brandviser will request full payment for the project. Clients will be notified via email for the invoices and shall pay the invoice within 14 days. If unable to pay within the said timeframe, penalty charges of $10/day will be added. The client can ask for extra time up to 30 days to pay for the services. If the client does not pay after reminders and notices, Brandviser will assign a debt collection agency to assist with the collection of pending payments. Brandviser holds the right to lodge a claim with Small Claims Tribunal and get legal assistance from the Australian Small Business and Family Ombudsman.
SSL
SSL certificate will be updated every 3 months as per regulations and suggestions from Google Browser or yearly depending on the type of SSL used. The website may go down for a maximum of 1hour during the update or certificate error. The possibility for this to happen is very rare. We use paid and free SSL certificates that provide encryption to the websites. Brandviser is not liable after the completion of the project for any breaches with the SSL. Project completed after final payment.
SEO
Brandviser provides SEO services to clients for agreed words. These can be verbally or via email. The time we take for any website changes are not included in the monthly timeframe. The client authorises when paying for us to appoint agents and or contractors from time to time to assist in the provision of the services under this agreement. All Brandviser rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Safari Digital may change its rules, policies and operating procedures from time to time in its sole discretion. Brandviser’s link-building activities (“off-page optimisation”) are confidential and Brandviser does not disclose these activities. However, a report will be provided to the client on a time to time basis. All payments are to be made as per the invoice. The client can pay via online PayPal or via bank transfer to the mentioned account. If a client wants to cancel the service before the contract ends, a 30-day notice from the client is required. Brandviser shall charge the client fully or as mutually agreed in some scenarios. For SEO our goal will be to increase the traffic and online presence by increasing visibility. Brandviser is not responsible for fluctuations due to competition or changes in algorithm by Google. The guarantee does not mean money back. Under the SEO guarantee, Brandviser works for no cost for the next 3 months aiming to rank the website. The guarantee does not work if the website is already ranked on page 1.
More Relating to the website services
Once the project fee is paid in full to Brandviser any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to your business for inclusion in website are owned by your business as well.
Brandviser assumes to have permission from the rightful owner to use any images or design elements that are provided by your business for inclusion in the website and will hold harmless, protect, and defend Brandviser from any claim or suit arising from the use of such elements.
Brandviser retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects.
Brandviser will use Google api for sending emails if you do not have one or similar.
Brandviser may hold the credentials for the work done by them in case the client does not pay.
Brandviser retains the right to display the design as an example of its work in the portfolio.
Brandviser also retains the right to place a discreet text link at the bottom of the website page(s).
Brandviser will not facilitate full changes in the site after the initial site agreement and satisfaction will be judged on meeting the goals of the project.
The agreement contained in this contract constitutes the sole agreement between your business and the Brandviser regarding all items included in this agreement.
Governing Law
This agreement shall be governed by and construed in all respects in accordance with the Laws of The Commonwealth of Australia.
Updated 30/05/2023. The terms and conditions can change without prior notice but we always tend to notify whenever we change our terms and conditions.
