Web design terms & conditions Terms

Here are some things we can agree with to help the web design process go smoothly.

 

Creating a website that represents your business at its best cannot be successful without you. Here are some things you can do to help me help you, so the web design process can be a rewarding and hassle free experience.

 

By paying the 50% deposit to Neondragonfly Web Design, you (the client) confirm that you are in agreement with and bound by the terms and conditions below:

 


DEFINITIONS

  • The Client: The business or individual requesting the services of Neondragonfly Web Design ("you", "your","client").
  • Neondragonfly Web Design: Primary Developer/site owner ("I", "me", or "my").

GENERAL

  • Clients should maintain regular contact with Neondragonfly Web Design via email. Most business will be conducted over email.
  • Clients should be familiar with basic computer usage and competent use of emails.
  • Web design support services are there to help you get the most out of your website and editing its' content. Extensive I.T. support is not part of my service.
  • The first consultation is free, if multiple meetings are required this may attract a call-out fee. Usually only 2 face-to-face meetings are required and are included as part of my service.
  • I shall have no liability to you nor be deemed to be in breach of this Agreement if I am delayed in performing or unable to perform any of my obligations under it due to circumstances beyond my reasonable control.
  • I will provide you with an estimated timeline for the completion of your website project and will use reasonable endeavors to meet those timelines (as long as you perform your obligations promptly) i.e getting text content, images and feeback to me.

FEES & DEPOSITS

  • A non-refundable 50% deposit is required before the commencement of any work.
  • The remaining balance is to be paid 30 days after the initial deposit or upon completion of your website - which ever comes first. i.e you have approved the design and it has been uploaded to the web host and is functioning correctly.
  • Payments can be made by cash or direct bank deposit. 
  • Pricing is subject to change without notice, however all quotes are valid for 2 weeks from the date of issue.
  • All invoices are to be paid within 7 days of the invoiced date.

OPTING OUT AND BASIS FOR CANCELLATION

If you wish to part ways with Neondragonfly Web Design please be aware that the following conditions apply:

  • If the client wants to opt out early for any reason, the client forfeits the 50% deposit. However if the client opts out before the end of the cooling off period which is 5 days after I have received the deposit then the 50% deposit will be fully refunded.
  • If the client fails to provide Neondragonfly Web Design with website content including text, graphics, images and other media as agreed upon and maintain reasonable contact within 30 days of paying their deposit Neondragonfly Web Design reserves the right to discontinue service and the 50% deposit will be forfeited, unless an extension of the deadline is made by prior arrangement.
  • If after 3 rounds of major changes by Neondragonfly Web Design, the client finds the deliverables are not acceptable, the client may be subject to additional charges that are reasonable within the project scope. If Client fails to provide approval or feedback during any approval period, those Deliverables will be considered approved and accepted. All corrections and changes shall be subject to the terms and conditions of this Agreement.
  • If I receive communication that is abusive, disrespectful and/or threatening, I reserve the right to discontinue or refuse service.
  • This agreement may be terminated by the mutual agreement of Neondragonfly Web Design and the client.

DIGITAL ASSETS & INTELLECTUAL PROPERTY

  • Client needs to provide/source digital assets such as logos, graphics, images etc. I can also recommend sources for images that are free for commercial use under the creative commons zero licence and also premium (paid) sources.
  • The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners and licence holders. Make sure you have obtained permissions if required for any of these properties.
  • You must indemnify me and hold me harmless from any claims or legal actions related to the content of your website.
  • Any special terms of service or copyright notices need to be provided by the client or their solicitor.

WEBHOSTING & DOMAIN GUIDELINES

  • Neondragonfly Web Design is not a webhosting provider or domain reseller, but can certainly assist in setting up suitable webhosting and help with domain registration with a suitable provider. You must follow instruction and any end user agreements as set out by a third party provider. In some cases I can also assist with domain transfers.
  • For website development, website re-designs or existing site maintenance, the client needs to provide their hosting account login credentials also called FTP access or Cpanel access.
  • Make sure that you use your ABN and Name to register your domain name and not someone else's. This will ensure that  your domain name is registered to you and avoids complications. It is the clients responsibility to keep their domain records up to date and to renew webhosting & SSL certificates etc as per their hosting or domain provider.
  • Neondragonfly Web Design will not be liable for any costs incurred, compensation or presumed loss of earnings due to the unavailability of your website due to: web hosting downtime, server misconfiguration, server errors, loss of index position in search engines, software or client alterations or any third party involvement.
  • In the case that the client has an existing web hosting provider, the environment of the webhost must be familiar to me & compatible with my system. The client must also provide login details for their web hosting, otherwise I can not proceed any further, i.e.  if the web server technology or software is unfamiliar to me or introduces further complications and compatibility issues that would otherwise prevent me from designing and building a functioning website. In such a case further work may need to be referred to your I.T. Person or suitable alternative web hosting may need to be arranged.
  • Please check all emails from your webhost in case of website downtime or planned maintenance that could impact the availability of your website.
  • Domain emails using your webhost: Most web hosting providers also include domain email, depending on your plan  i.e.  yourname@mywebsite.com.au.  The settings will be provided by the webhost, however I can provide instruction for setting up your domain email with a few common email clients (apps) like outlook 2019, windows 10 mail and thunderbird;  to get your email up and running, however I do not provide extensive I.T. Support for email troubleshooting, software / hardware related issues or other 3rd party software that I am unfamiliar with.
  • Domain emails using office 365: If you want to use or are currently using office 365 for your domain emails you will need to contact an I.T. Person to assist you with this, particularly if your are moving to another host or connecting a webhost to an existing domain that uses office 365.

PROJECT DELAYS & CLIENT LIABILITY

  • Neondragonfly Web Design works with momentum and will provide a swift service, but the client needs to provide timely turnaround of feedback, website content, images, and do their best to maintain regular contact - failing to do any of these things within a period of no more than 30 days from the date of engaging my services can result in automatic cancellation of my services whereby the 50% deposit will be forfeited. In certain cases I can extend deadlines where prior arrangement has been made.
  • I can not be of assistance to clients that repeatedly delay submitting feedback or site content as this tends to impede the design process .
  • The written content is ultimately your responsibility. I will help organize your content... optimize your content... and in many cases improve your content. It is going to require some work on your end to create useful, quality content on your website. Please see blog post on guidelines for writing text content.
  • Neondragonfly Web Design will NOT be liable for any damages or loss experienced by the client because of the web design, content management system or the involvement of any third party including unauthorised access to the clients website.
  • If Neondragonfly Web Design is required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.

FAIR USE POLICY

  • There are limits to the extent of support services. If I feel that a client is using my web design or support services excessively, Neondragonfly Web Design reserves the right to apply additional project charges if they are relevant or limit services.
  • To help with the flow of the design process please specify all edits in a single email per round of changes, you a permitted up to 3 rounds of major changes to the design and layout of the site.
  • Neondragonfly Web Design provides website design for smaller websites that require no more than 12 web pages and excludes complex membership login systems and eCommerce.

SEARCH ENGINES

  • I will submit your website to Google for indexing, however this is no guarantee that your site will be included.
  • SEO services I provide do not guarantee any specific position in search engine results for your website.
  • I perform search engine optimisation according to current best practice.
  • SEO services are only offered to clients who are having or have had a website designed by me, it is not offered as a stand alone service.

CMS & WEBSITE MAINTENANCE

  • Neondragonfly Web Design does not use or provide support for other open source cms's including Wordpress, Joomla or Drupal .
  • Website maintenance is charged at the current hourly rate and applies to extra design features not included in my website package, extra functionality, other special requests or minor updates to websites not developed by me.
  • It is the clients responsibility to keep an offline backup of their website content including: text, blog posts, images and other assets. While the Content Management System allows for some assets to be backed up to your computers' hard drive it is not 100% fail safe, so it is in the clients best interest to maintain hard copies of all text content including blog posts, images and other uploaded documents.
  • The content management system (CMS) may not be modified in any way and is provided only for websites designed by Neondragonfly Web Design.
  • The content management system (CMS) is provided as a way for you to edit and make other basic changes to your website and may include additional functionality or other necessary modules to help you manage your website content. Neondragonfly Web Design will not be held responsible for it's misuse or any damage caused by it.
  • From time to time websites do go down, so please check any emails from your web host in case of planned maintenance or other issues that may impact the uptime of your website.

NON-DISCLOSURE

  • I agree that I will not at any time disclose any of your confidential information to any third party.

Last updated: 23rd August 2021