Trading Terms.

The following terms and conditions apply to all website design / development / design / marketing / hosting / management / SEO / AdWords and all services provided by Designsense Website Design & Marketing.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote or we agree to work on an hourly basis 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. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Quotes & Charges

Charges for services to be provided by Designsense Website Design & Marketing are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. Designsense Website Design & Marketing reserves the right to alter or decline to provide a quotation after expiry of the 60 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty (30) per cent of the project quotation total before the work is supplied to the Client for review with the remaining ninety (90) per cent of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.

Payment for services is due by cash, cheque, bank transfer or credit card. Cheques should be made payable to Designsense Website Design & Marketing and sent to P.O. Box 21370 Little Lonsdale Street VIC, 8011 Australia. Our banking details will be made available on invoices.

3. Client Review

Designsense Website Design & Marketing will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Designsense Website Design & Marketing otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Designsense Website Design & Marketing will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Designsense Website Design & Marketing receiving initial payment, unless a delay is specifically requested by the Client and agreed by Designsense Website Design & Marketing.

In return, the Client agrees to delegate a single individual as a primary contact to aid Designsense Website Design & Marketing with progressing the commission in a satisfactory and expedient manner.

During the project, Designsense Website Design & Marketing will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.

5. Failure to provide required website content:

Designsense Website Design & Marketing is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.

Designsense Website Design & Marketing agree to make periodical updates to any sites commissioned and hosted by Designsense Website Design & Marketing.  This is subject to a fair usage clause.  Designsense Website Design & Marketing reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum.

NOTE: Text content should be delivered as an Apple Pages, Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by Designsense Website Design & Marketing upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard-copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (14) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty per cent (20%) of the total amount due, whichever is greater.

7. Additional Expenses

Client agrees to reimburse Designsense Website Design & Marketing for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins etc.  This payment will be required prior to the purchase of the additional required materials.

8. Web Browsers

Designsense Website Design & Marketing 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, Microsoft Edge, Google Chrome, etc.).  The client agrees that Designsense Website Design & Marketing cannot guarantee correct functionality with all browser software across different operating systems.

Designsense Website Design & Marketing cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Designsense Website Design & Marketing 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.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Designsense Website Design & Marketing’s Webspace, Designsense Website Design & Marketing will, at its discretion, remove all such material from its web space. Designsense Website Design & Marketing is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of $50.00 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Designsense Website Design & Marketing reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Designsense Website Design & Marketing in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Designsense Website Design & Marketing services may be used for lawful purposes only. You agree to indemnify and hold Designsense Website Design & Marketing harmless from any claims resulting from your use of our service that damage you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Designsense Website Design & Marketing the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Designsense Website Design & Marketing permission and rights for use of the same and agrees to indemnify and hold harmless Designsense Website Design & Marketing from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Designsense Website Design & Marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on a USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Designsense Website Design & Marketing to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Designsense Website Design & Marketing must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Designsense Website Design & Marketing 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.

17. Domain Names

Designsense Website Design & Marketing can purchase domain names on behalf of the Client.  Payment and renewal of those domain names is the responsibility of Designsense Website Design & Marketing. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Designsense Website Design & Marketing. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

Designsense Website Design & Marketing hereby excludes itself, its owners, Employees and or Agents from all and any liability from:

Any 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 web site or task being completed;

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 Designsense Website Design & Marketing 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.

It is the Clients responsibility to check that all work completed by Designsense Website Design & Marketing which includes design, development, marketing, AdWords management, website management, SEO, graphic art and all other services that we offer. Designsense Website Design will not be healed responsible or liable for damages that result from a task completed in an unsatisfactory manner.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

WEBSITE TERMS

1.  Acceptance

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Designsense Website Design & Marketing’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The terms ‘Designsense Website Design & Marketing’ we’ refer to the owner of the website whose registered business is P.O. Box 21370 Little Lonsdale Street VIC 8011 Australia.

The use of this website is subject to the following general terms of use:

2. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

3. Credit card details will be handled securely to ensure confidentiality

4. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6. This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

7. All Designsense Website Design & Marketing services may be used for lawful purposes only. You agree to indemnify and hold Designsense Website Design & Marketing harmless from any claims resulting from your use of our service that damages you or any other party. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.

Payment Terms & Conditions

If you no longer need your service please contact us to cancel the service within the following terms.

• Domain names must be cancelled 7 days before their expiry date as the domain will auto-renew days before. This is done so that your domain name does not expire.
• Website and email hosting, and Office 365 services must be cancelled within 7 days of receiving your invoice as they are set to auto-renew 7 days before the expiry date. This is done so that your account does not expire.

To cancel your service email us at info@designsenseweb.com.au within the time mentioned or contact your DesignsenseWeb account manager.

13. We endeavour to respond to contact requests within 48 hours, but no liability is accepted by Designsense Website Design & Marketing for any loss or injury caused by any late response.  Designsense Website Design & Marketing 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;

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 Designsense Website Design & Marketing 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 service under this Agreement in respect of which the breach has arisen.