This document provides the standard terms and conditions for products and services offered, and projects undertaken, by GO Creative Digital Pty Ltd, ABN 92 621 043 730 (“GO Creative”, “We”, “Us”, “Our). It is vital that you (“the Client”, “You”, “Your”) read and fully understand these terms and conditions, and their implications, before You engage Our services. Please contact Us if You do not understand any of the terms or conditions in this document.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
Approval to commence work, or receive any products or services, including by way of any payments, constitutes Your understanding and acceptance of these terms and conditions.
“Project Quote”, “Website Quote” means the list of items defined in the scope of works provided to the Client, in any form, including but not limited to verbally, via email, via formal proposal document and sales collateral.
“Estimate” means Our approximation (best guess) as to the time and/or cost of a specific project or task, and is not to be considered a final quote. It is an indicative fee/timeframe only.
“Deliverable” means any item listed in the Project Quote for which We are responsible for providing to the Client.
“Project Questionnaire” means the questionnaire completed by the Client which outlines the Client’s requirements for the project.
“Business Day” means any day between Monday and Friday, inclusive, except for public holidays or when our office is closed.
“Business Hours” means 8.30am to 5.00pm AEST during Business Days.
“Design Revision”, “Revision Round” means one or more changes (for example, changes to a Website design), provided to Us by the Client, in a batch/list. We will confirm the list of changes to be included in each revision prior to implementation. Each list can include an unlimited number of items, however they must be submitted to Us simultaneously; additional items may be considered part of a new Revision Round, at Our sole discretion. Excessive changes within Revision Rounds may affect the overall project timeframe. The number of Revision Rounds permitted within any given project varies according to the Project Quote.
“Standard Hourly Rate” means $165 per hour for website design/development/hosting work, and $110 per hour for all other work, unless a different rate has been agreed for a particular project, service or task. Work performed outside of Business Hours at Your request is billed at twice the standard rate.
“Minimum Service Charge”, “Minimum Labour Charge” means 1 hour of time based on the rate we charge for that service. This includes time spent on phone or video calls, on emails, face to face or in any other manner.
“Excess Work Fees” means any work involving additions to the list of items defined in the Project Quote, or changes to any and all pieces of completed projects, after approval by the Client or an authorised representative thereof.
“Both Parties” means Us and the Client.
“Services” means any and all products and services We provide to the Client at any time. This includes but is not limited to website development, web hosting, email hosting, graphic design, and consulting/advice.
Term and early termination
This Contract will terminate automatically upon completion by GO Creative of the Services required by this Contract. Alternatively, one of the following scenarios may require that the project be cancelled prior to completion:
1. Early termination by mutual consent
From time to time, circumstances beyond the control of both parties may result in the need for project cancellation. In such instances, it is agreed that GO Creative is entitled to receive full payment for time and expenses invested in the project to date. The process is therefore as follows:
- Deposit payments, pre-payments, and all progress payments will be forfeited in lieu of compensation to Us. No other monies will be payable to You by GO Creative.
- We reserve the right to receive a pro-rata payment for the time and/or expenses incurred beyond the payments made by You, as well as any outstanding invoices We have issued to You.
- All outstanding invoices issued to You are payable to GO Creative.
- Ownership of all copyrights and any original products, including but not limited to artwork and websites, shall be returned to and retained by Us.
- All payments, as outlined above, must be paid to Us within 7 days.
2. Early termination by You
If You request to cancel a project for any reason, the following process applies:
- Deposit payments, pre-payments, and all progress payments will be forfeited in lieu of compensation to Us. No other monies will be payable to You by GO Creative.
- We reserve the right to receive a pro-rata payment for the time and/or expenses incurred beyond the payments made by You.
- All outstanding invoices issued to You are payable to GO Creative.
- Ownership of all copyrights and any original products, including but not limited to artwork and websites, shall be returned to and retained by Us.
- All payments, as outlined above, must be paid to Us within 7 days.
3. Early termination by GO Creative
If We are unable to complete a project for any reason, the following process applies:
- We will attempt to complete the project through a third party.
- Failing this, we will refund to you, within 7 days, whichever is the lesser amount of:
- the deposit paid
- 50% of the total project fee
- No other monies will be payable to You by GO Creative.
GO Creative and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of GO Creative, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client without the previous consent in writing of the Client. GO Creative and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. We aim for complete security of our Clients and if We select contractors it is based upon previous work, references, checks with previous employers and compliance with Our guidelines of professional behaviour and ethics. Where required by the scope of work, contractors employed by GO Creative are held to a strict confidentiality and non-disclosure agreement. If this was to be breached by the contractor, We will take swift and reparatory measures to ensure You are made aware that the contractor in question is no longer a representatives of GO Creative and acting independently. Furthermore, if necessary the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases. We cannot be held responsible for any breaches of this confidentiality clause by subcontractors.
We shall provide the Services and meet Our obligations under this Contract in a timely and professional manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Our community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to GO Creative on similar projects.
The occurrence of any of the following shall constitute a material default under this Contract:
- Your failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
- Our failure to make available or deliver the Services in a reasonable time and manner, subject to delays from the Client.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the governing local arbitration authority. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter.
The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
This Contract constitutes the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. Headings are included for convenience only and shall not affect the interpretation of this agreement.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract shall be construed in accordance with the laws of the State of Queensland, Australia.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
Waiver of contractual right
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
We retain full ownership and intellectual property rights to materials We design and produce either electronically or physically prior to Your final approval. Once a final product is delivered to You and full payment for the complete project has been received, all ownership and intellectual property rights of the final materials transfer to You, unless otherwise agreed in writing. Unused products, including but not limited to unapproved concepts, drafts and revisions, remain Our property. We may still use paid-for products in Our promotional materials and portfolio. Unless You request otherwise in writing, We retain the right to display a small byline claiming design credit on works We produce, including on websites, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment, We retain ownership of all materials, including but not limited to artwork, files and Website architecture. We reserve the right to retain and use certain elements used to create materials, such as those used in the creation of artwork and websites, including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
In accordance with the Australian Copyright Act 1968, “licensing of copyright is subject to a mutual agreement made between client and designer”. Copyright will remain Our property until such time as an agreement is in place. As part of Our terms of business, the copyright licence is automatically released to the Client on receipt of final payment for the commissioned work. We reserve the right to use all materials produced in the course of the project (including any and all materials not selected/approved) and revisions for the purposes of promoting GO Creative in print or digital media portfolios, social media and blogs, except where the Client has specifically requested in writing otherwise.
You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Us for use with the Services in this Contract are owned by You, or that You have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Us and Our subcontractors from any liability or suit arising from the use of such elements. For the purpose of these Services, We may use, at Our discretion, all such resources, either provided by You or sourced by Us.
If We issue a refund to You, for any amount, We retain ownership of all commissioned materials, and all intellectual property rights are transferred to Us.
Liability and litigation
It is agreed that all work and materials We provide for You, and vice versa, will be free and clear of all liens and encumbrances and may be lawfully used by the relevant party without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright, trade secret, patent or trade mark rights of any third party.
It is agreed that We indemnify and hold You harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the Services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of You or Your employees, and it is agreed that We shall notify You in writing of full details of any such claim. Under no circumstances shall We be liable to You for an indirect or consequential loss suffered by You relying on the information included in the supplies prepared by Us, including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
You agree to allow a small credit on all Website pages We have designed or developed. This credit, such as “Website developed by GO Creative” or similar at Our Discretion, may also contain a link to any page of Our corporate website. This credit must remain in perpetuity. Removal of this credit without Our written consent constitutes a breach of these terms and conditions. You agree to allow Us to showcase any and all completed project work as part of Our portfolio, including use of your name and/or logo on our marketing materials. We acknowledge the confidential nature of projects and agree to only display project work once the project has been completed.
Upon request, We will provide You with access to all accounts created by Us on Your behalf. You will provide Us with access to all necessary account details to perform any Services for which We have been engaged to provide (such as website development or marketing services), including but not limited to Google Analytics; Google Webmasters; Bing Webmasters; Website and FTP credentials; domain names; web hosting services; and social media platforms such as Facebook, Twitter and Google Plus. You will not change login details or permissions in such a way that We would be unable to access these accounts during the provision of our Services.
You will not use any materials, resources or knowledge gained from the Service with another provider of the same type of Service during the term of this Contract, and the following 12 months.
While We take all care to avoid errors, We accept no responsibility for typographical errors, spelling mistakes or incorrect information on any project committed to print or production. It is Your sole responsibility to proofread and approve all final copy/content/layout/functionality and any other items before production. We will not be held responsible for any changes or amendments made after approval. The email verification by You or Your authorised representative, or payment of any outstanding invoices, shall be conclusive as to the approval of all work.
All timeframe estimates and quotes provided by Us are dependent upon Us receiving all necessary information, resources and approvals from You in a timely manner. Any delays to the completion of the project caused by You will not void the contract; however, We reserve the right to postpone or terminate any project if You have not reasonably met these requirements.
If a project is significantly delayed by You, this may impact upon Our work schedule with other projects and therefore We may no longer be able to meet any quoted timeframes. We reserve the right to suspend or delay the project at Our discretion, for any reason. We also reserve the right to charge additional fees to resume any project which We deem to have been delayed by You beyond a reasonable amount of time. The amount payable will be as per the “Excess Work Fees” section of this document. We will not resume working on Your project until these and any other outstanding fees have been paid in full.
Both Parties will endeavour to respond to and/or approve (whichever is applicable) queries, requests and content from the other party in relation to the Services provided within two business days. If You do not respond or take the necessary action within this timeframe, We reserve the right to postpone the Project to accommodate Our other commitments.
For efficiency, You will provide all alterations and revisions, including but not limited to Website designs and written content, to Us in groups/batches rather than individually.
Our Project Quotes and Estimates are provided on the assumption that any existing software, plugins, code and other facilities/resources relating to Your project are already suitable and fully functional, and compatible with the software We are required to use to complete Our work on the Project. We are not responsible for resolving issues which are not strictly related to the work We have quoted or estimated, including but not limited to incompatible plugins, poorly-coded plugins or functions, and unusual configurations or arrangements beyond our reasonable assumption.
Inclusions and disputes
We do our best to ensure that Our product and service inclusions are as clear as possible. However, due to the complexity and technical nature of Our work, it is impractical to specify each Service inclusion in detail. If You are unsure whether an item is included, and in the manner You require, You must ask us prior to commencement of the Services.
If there is a misunderstanding for which neither You nor We are fully responsible, We will attempt to make an equitable arrangement with You in regard to additional fees and timeframes. If Both Parties fail to agree on an equitable arrangement, We reserve the right to cancel the Project with no refund payable.
We may adjust the tasks performed as part of the provision of the Services to ensure optimal Service performance. We are not obligated to advise You of any such changes at any time as it is not practical to do so. Implementation of the Services, such as the structure of URLs or designs of individual pages of Websites, will be delivered according to Our experience, processes and techniques. We are not obligated to deliver the Service to You in any specific manner unless specifically requested in writing by You prior to the commencement of the Service.
Search engines and website performance
We do not and cannot guarantee any particular search engine ranking or position for any particular keyword, phrase or search term in relation to the Website. We have no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Website may be excluded from any search engine at any time at the sole discretion of the search engine or directory. At Our discretion, We may resubmit those pages that have been removed from search engine indexes, but cannot guarantee inclusion.
We are not responsible for the conversion rate of Website visitors. Conversions (the number of Website visitors who complete a defined goal such as purchasing a product or making an enquiry) depend on a number of factors including but not limited to the cost of Your goods and services, quality of the Website, ease of checkout or enquiry processes, accessibility, and so on. It is Your responsibility to ensure that these factors are considered and appropriately addressed for optimal conversions. We can provide advice on any required changes to the Website but We are under no obligation to enact these changes.
We undertake the Services based on information provided by You, including but not limited to goals, geographical targeting, and goods and services offered. We are not responsible for any degradation in Service performance if these parameters change without You notifying Us, nor for the performance of the Services outside the Contract term.
Any stock content (including but not limited to photos, graphics, vector files, fonts, videos, and text content) We provide to You will be sourced from Our private image library or preferred stock website(s), unless stated otherwise. If You request that we source content from another source, additional fees will apply.
Consultations and meetings
Unless We have stated otherwise in writing, We allocate one (1) face to face consultation only per Project. In most cases, this would be either an initial consultation prior to the commencement of the Project, or a review of the Project progress after it is underway. Additional meetings are charged at the Standard Hourly Rate. We will provide You with an estimate or quote of Our travel and accommodation costs, if applicable.
We allow for unlimited phone calls with You to discuss Your Project, however a “fair and reasonable use” policy applies, and We reserve the right to charge fees for Our time for a very high number of phone calls, or excessively long phone calls, at Our sole discretion.
Training and support
Support is provided during Business Hours only. Unless specified otherwise in the Project Quote or other agreement, or included at no cost in the Project Quote, all support will be charged at the Standard Hourly Rate. Minimum service charges apply. An invoice for all such support charges will be sent to the Client at Our discretion. Face to face training, where included within the Project Quote, is available in Brisbane only, at Our discretion. Additional fees apply for training in other locations.
Marketing and communication
By commencing any project, You agree that We may add Your details to Our mailing list for the purpose of contacting You about offers and important information, and for any other purpose, at Our discretion. You may unsubscribe from Our mailing list at any time by contacting Us.
You consent to Your budgets, reports and related data being shared with Our existing and prospective clients. Your business name and contact details will not be shared.
We charge Goods and Services Tax (GST) on all products and services, unless otherwise stated in writing.
Our payment terms are strictly seven (7) days. A receipt will not be issued unless requested. Payments can be made via direct deposit (bank transfer), PayPal, or credit card.
A 3% surcharge applies to all payments made via credit card and PayPal. We reserve the right to apply the surcharge to any other payment method for which We incur transaction fees. This amount will be added to each invoice. We reserve the right to alter the surcharge amount at any time without notice.
Consumer Price Index (CPI)
We reserve the right to increase Our fees to reflect the increase in CPI at the end of every financial year. The increase will be rounded up to the nearest 10 dollars, including GST. We will provide reasonable notice of such an intention if that does occur.
We issue invoices for all Services prior to undertaking work. This may be full prepayment, or a deposit. Progress payments may be required, at Our sole discretion, or when the Project is delayed by You for more than seven (7) days. The balance, if any, is due upon completion.
Publication and/or release of work undertaken by Us on Your behalf may not take place before cleared funds have been received.
Payment plans are available upon request and may incur additional fees.
Refunds for any project, product or service are issued at Our discretion. You must notify Us within seven (7) days of project completion of Your intention to seek a refund, and provide adequate justification of Your request, for Our review. Any requests outside of this timeframe will not be eligible for a refund.
Refunds are not available for business products and services, including but not limited to web hosting, domain registration, email services, and cloud backup solutions.
Any unused time in any given month of an ongoing service or management service does not roll over to future months and is forfeited.
Late payments and default
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at five per cent (5%) per calendar month, or the maximum percentage allowed under applicable laws, whichever is less. You shall pay all costs of collection, including without limitation, reasonable attorney fees.
In addition to any other right or remedy provided by law, if You fail to pay for the Services when due, We have the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. If You are having difficulty paying Your account, You must contact Us as soon as possible to discuss an equitable solution.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or You have stated expressly that You do not intend to pay Our invoice, unless prior arrangements have been made.
If Your account is in default, You agree to pay Us reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. We accept no liability or responsibility for loss of income or damage to You for work removed from third party servers or other service providers as a result of non-payment and You will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases. We reserve the right to attribute previous payments towards recouping Our costs on outstanding accounts; for example, if You have made payment for email services but owe Us a greater sum, We are entitled to cancel the email services to recoup fees through Our vendors. This applies to any and all Services We provide to You.
Suspension of Services
If You fail to pay any invoice by the due date, We may, at Our sole discretion, suspend any and all Services provided to You by or on behalf of Us or Our subsidiaries (including but not limited to web or email hosting, websites, files, concepts and artwork) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including but not limited to design, hosting, domain registration, search engine submission, maintenance, subcontractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue. Files on external servers, such as hosted websites, will be removed and held until payment is made or for 30 days until You have paid for Your invoices in full.
Suspension of any Service does not relieve You of Your obligation to pay the due amount.
Excess work fees
From time to time You may have extra requirements during or after completion of a project. You will be informed if these requests fall outside the scope of the Project Quote. If You wish for Us to complete these requests, You must agree in writing, and additional fees at the Standard Hourly Rate, or as quoted, will be payable. Should additional work be requested during the project, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of the final product(s).
Further, if We discover an issue or challenge during the course of the Project which requires that We spend additional time beyond our Project Quote or Estimate, We will advise You, and, if possible, provide a quote or estimate for the additional work, or, with Your approval, perform the additional work on an hourly basis.
Where projects have been delayed by You (as per the “Timeframes” section of this document), if we haven’t received the required information or action from You within the days listed, the fee structure below will apply, before we can resume working on the project. The percentage is based on the total cost of all projects, products, and services which are affected by the delay (our Our sole discretion):
- Delayed by 14 days: 5%
- Delayed by 30 days: 10%
- Delayed by greater than 30 days: 25%
Work outside of business hours
All work performed outside of Our business hours will be charged at twice the Standard Hourly Rate.
Work performed by third parties
We are not responsible for changes or approvals made by You, Your authorised representative or any other Third Party which overwrites the work performed by Us as part of the Service, and We are not obligated to restore, correct or remove any content, nor repeat any Services, to correct any resulting issues, amendments or deletions.
Costs incurred by Us for the purchase of stock images, typefaces/fonts, website hosting packages or any other resources on Your behalf are at additional cost to You, unless specified otherwise in the Project Quote.
Re-issue of files
If You require copies of any files or physical materials We have previously provided to You, the Minimum Service Charge, plus consumables and courier/postage costs, applies per request. Files can be provided online (e.g. via email or a website link) or sent on a disc, USB drive or other physical medium.
We provide detailed information to assist You with the services We provide. This information is provided as a courtesy only; any additional assistance to You will be charged at Our discretion.
Fair go policy
We aim to deliver high quality products and services at all times. Our prices are calculated on the expected labour time and financial investment to provide these products and services, based on the average project of the same type.
In some of Our offerings, We provide some inclusions with “unlimited” scope, such as the permitted number of design revisions on website design or graphic design projects. While We offer this in good faith, We reserve the right to charge additional fees or cancel the project if We deem that the Client’s requests, changes/revisions, delays or other factors have become excessive, or have impacted on Our ability to complete the project, or work on projects for other clients.
Graphic design, web design, strategy, photography, videography, marketing and related services are all highly creative and subjective art forms. As such, We take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however We cannot be held responsible for variations between expectation and outcome. All project work assumes goodwill from both the Client and GO Creative regarding what can reasonably be achieved in a given time frame, and making best use of resources to achieve the most effective outcomes.
We make every reasonable effort to ensure the Client is aware of Our policies and processes throughout each project, however We cannot be held responsible if the Client has overlooked, misplaced, or forgotten the information provided.
Website design and development
Software and licensing
We develop websites using various software packages, such as WordPress and WooCommerce. Our Project Quotes are based on the software We deem appropriate for Your project unless otherwise specified; if You require that We develop Your Website using a specific software package, additional fees may apply.
We accept no responsibility for any limitations to the functionality or design of the software, unless We have agreed on a specific set of features in writing prior to, or within, the Project Quote or Estimate. We are not obligated to adjust or augment the functionality in such cases.
Software and components not developed by Us retain the original licence and terms associated with them; We cannot assign any rights to You, and You agree to be bound by the original author’s terms.
For cost efficiencies and ease of management of the websites we develop, from time to time We may use Our own software licences within website software. We may charge the Client ongoing licence fees; if any such fees are not paid by the Client before the licence renewal date(s), Our licence must be removed from the Website immediately by the Client, or GO Creative may do so if the Client is unable or unwilling to do so.
We reserve the right to remove any licences and disable/remove software from any website We develop, in the following circumstances:
- the Client has not paid the licence fee to Us prior to the licence renewal date
- the Client hosts the Website with a provider other than GO Creative
- the Client or a third party makes changes to the website, other than to the on-page content (e.g. if a web developer is contracted by the Client to take over future development of the website)
- the Client cancels any ongoing Website payment plans
- the Client cancels any ongoing Website management services under which We installed additional software.
In these circumstances, the Client can purchase their own licences, to continue to use the software, and receive software updates and support from the software developers.
Some licence fees are payable in foreign currencies; in such instances, We will calculate the cost in Australian Dollars and round the figure up slightly to account for currency exchange rate fluctuations. The Client must pay this full fee in all such instances.
We endeavour to ensure our websites display correctly in all major browsers and devices, and try to push the technology forward and use new techniques. Therefore in some cases Our HTML or CSS code may not validate. While We make every reasonable attempt to achieve validation, We only guarantee the quality of the template output, not of extensions or plugins which We have no control over.
Minor display or functionality differences may occur between operating systems, browsers, plugins, and versions of these. Where We have made reasonable efforts to minimise these issues, You accept that no further action is required by Us. Additionally, some display features or functionality may be hidden or removed from the Website when using unsupported browsers. Websites We develop are functional, at the time of project commencement, for the following operating systems and browsers:
- Windows – Windows Vista up to current full version
- Macintosh – OS 10.1 up to current full version
- Android – most phones and tablets
- iOS – iPhone 4 and above
- Internet Explorer – version 10 up to current full version
- Firefox – version 12 up to current full version
- Apple Safari – version 5 up to current full version
- Google Chrome – version 12 up to current full version
We are under no obligation whatsoever to update, maintain or modify the Website after its completion to meet future functionality, design, operating system, browser or plugin requirements unless commissioned specifically to do so under a new project.
Both Parties will comprehensively check and test the Website prior to publication. You must report any issues to Us, including but not limited to verifying content accuracy and agreed functionality, to verify that it meets the agreed Service. We will rectify, at no charge, any Website issues caused directly by Us through error, for up to thirty (30) days (the “Website Warranty Period”) after the conclusion of the Project, regardless of the date the Website is published. Any other changes or corrections after this period is at Our discretion, and additional fees apply. This Warranty is immediately void if You or any third party makes any changes/upgrades to the software, design or functionality of the Website during the Website Warranty Period.
Duplication/transfer of websites
It is agreed that the Website (including but not limited to the design, programming files, database, content, images, videos, and any other files) developed by Us may not be duplicated (including transfer to another hosting provider) by You, in whole or in part, unless specified otherwise in the original website development quote or agreed in writing, and unless We have received the full fee for development of the Website. If any Website is duplicated or transferred without Our written consent, You agree to pay Us, at a minimum, the full fee, as agreed in the Project Quote, and any additional fees throughout the course of the Website development, for each duplicate. We reserve the right to seek further compensation for any such duplicate websites.
- We will design the general look and feel of the website, including fonts, colours, and a common header and footer which appear on all pages.
- We will design the home page. We will insert Your content (if available) on this page. The Revision Process specified below covers more inclusions and exclusions.
- Pages other than the home page will feature the common header, and will be designed according to Our suggested layout. You will have a limited total amount of time available for revisions to the layouts of these pages. If You require additional changes to these pages, this will be at additional cost.
- We will set up a suitable software theme or framework to design and develop the Website according to the instructions We were provided prior to commencement of the project. If the software cannot easily achieve a particular functionality or design that You require but did not specifically advise Us on prior to project commencement, We are not obligated to fulfill the requirement, however We can provide a quote to custom develop a solution.
- Before the Website is published, We will add Your provided Content to the Website, up to the number of pages specified in the Project Quote.
- Each page of content is limited to 400 words and 10 photos; if these limits are exceeded, We reserve the right to reject or request amendment of the content before We add it to the Website.
- Once the Website has been published, any extra content You send us will be added to the Website at additional cost.
- You are responsible for inserting all other content into the Website, except for the information visible in the design template, such as phone menu items in the header, and copyright information in the footer.
- After the Website is published, You are wholly and solely responsible for the content that appears on the Website, including but not limited to pages, text, images, videos and hyperlinks. We are under no obligation whatsoever to monitor, moderate or create content unless specified in the Project Quote or as part of a subsequent quote.
If You or a third party deletes, corrupts, or otherwise modifies the Website in any way, during or after the project, We cannot guarantee that We can restore it. Fees apply to investigate and action any such requests.
Unless specified otherwise in writing, or in the Website package or Project Quote, We will not:
- Customise the design, layout or functionality of any pages except for the home page.
- Customise the design, layout or functionality of any third-party software, including but not limited to WooCommerce, event calendars, and themes.
- Write any content.
- Edit/retouch/customise any photos.
- Create custom graphics, such as for image slide shows/galleries. However, We will add Your existing images into slide shows, and create custom graphics for use with the general Website theme (such as in the common header and footer).
- Provide free stock images.
- Meet face to face.
We will provide You with an opportunity to review the initial Website draft. You must provide Your changes to Us in writing within seven (7) days. Any changes within the scope of the project will be made promptly; all other changes are subject to additional fees.
The items which are included in the initial Website draft, and revision process, are:
- The colours, fonts, and graphics in the master design (i.e. header and footer).
- The home page colours, fonts, and graphics.
The items which are excluded from the revision process are:
- All text content, including but not limited to menu items, page content, and button labels.
- Graphics used for demonstration purposes, such as in image slideshows or photo galleries, or placeholders.
- Every aspect of all pages (except as specified in the Project Quote), including pages generated by software such as online store plugins or themes.
After We have completed Your requested changes and advised You of this, You have seven (7) days to notify Us of any additional changes. This process will be repeated until any of the following occurs:
- You have advised Us that You are satisfied that all requested changes have been completed, You do not require any further changes, and that Our work on the Project is approved; or
- You have not requested further changes, nor provided Your approval, within seven (7) days.
- You have reached the maximum number or revisions included in your Website package.
Any amendments to an approved design which has been partially or fully integrated into the Website are charged at the Standard Hourly Rate.
We are not obligated to provide training prior to completion of the Project, however training will be organised and conducted at the earliest mutually convenient time.
When We have completed all of the requirements of the Project, and the revision process (above) has concluded, We will submit to You an invoice for the balance of the Project.
Web and email hosting
This contract applies to all hosting services ordered by You which We provide through Our infrastructure, partners/suppliers, and network resources, including but not limited to web hosting, Hosted Exchange, Google Apps, Office 365, and cloud storage solutions.
Our objective is to have 100% service availability for Services covered by this contract. However, we cannot guarantee service availability due to interruptions including but not limited to:
- planned outages for scheduled maintenance
- network outages caused by other carriers
- Force Majeure
- any other circumstances outside Our reasonable control, including without limitation local computer/device or network issues, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this contract
- any acts or omissions of the Client (or acts or omissions of others engaged or authorised by the Client), including, without limitation, custom scripting or coding, any negligence, wilful misconduct, or use of the Services in breach of GO Creative’s Terms and Conditions and/or Acceptable Use Policy
- email delivery delays of any kind caused by spam filtering, delays with third party networks, third party software, telecommunication services and IP blacklisting.
Service availability is determined primarily through Our private fault ticketing system and service providers.
Hosting fair play promise
Our Website Hosting Fair Play Promise ensures We deliver consistent value and service levels to all clients. We will:
- Limit the resources (such as disk space) You are allowed to use to a reasonable amount for the package level You are paying for.
- Set the limit based on reasonable averages for other users like You.
- Set limits for the common good, to prevent one client inadvertently using excessive resources that should be shared with other users.
- Reserve the right to suspend or terminate Your service if You exceed Your limits or abuse the service or Our staff or communication channels in any way.
- Tell You in advance (where possible) if You breach any limits and We will give You the option of upgrading to a more appropriate package.
- Be flexible and try to give You the benefit of the doubt so We will normally not prevent You operating if You breach limits briefly and return to within limits in a reasonable time.
- Reserve the right to vary prices or features for all clients at any time but will always try to give You reasonable notice.
- Monitor Your use of the hosting package and ensure allocation of resources is fair.
We back up all hosting packages daily at 12am AEST. Backups may be available via Your hosting control panel, or backups may be scheduled through Your hosting account settings, if available under Your hosting plan. Other backups are available upon request. Fees apply to all backup and restoration requests.
You are responsible for taking the following actions prior to Email Setup:
- Saving all contacts to Your address books/contact lists.
- Archiving or deleting any information which You do not require in your Office 365 mailbox(es), such as obsolete contacts, appointments or emails/folders.
We are responsible for the following Email Service tasks:
- Creating the Office 365 account for each domain.
- Creating Office 365 mailboxes, aliases and forwarders.
- Providing You with passwords for each mailbox.
We are not responsible for any outages, downtime or service performance issues which occur on the Office 365 platform, provided by Microsoft.
Email setup and data migration
While We make every reasonable attempt to perform Email Setup, We cannot be held responsible for issues outside of Our control, including but not limited to those resulting from Your:
- Device configuration, software (where released more than five years ago and/or not officially supported by Microsoft), hardware or availability.
- Network configuration, software, hardware, or availability.
- Internet provider configuration, software, hardware, or availability.
The timeframe from the Email Service changeover to the migration of all data is dependent upon the:
- Available disk space on each device.
- Necessary network ports being permitted within Your network.
- The size of any existing data files being migrated (stored either locally or online).
- Number of mailboxes being migrated simultaneously.
- Internet availability and connection speed for each device.
For server-to-server migrations, such as Hosted Exchange or Google Apps to Office 365, We use third-party automatic migration tools and scripts over which We have no control. In the event that data is migrated improperly or is incomplete, We will re-initiate the migration up to three times per mailbox. After this point We will provide You with additional options.
It is Your responsibility to notify Us of any issues within seven (7) days of Email Setup. Any issues outside this timeframe will be addressed at Our discretion and may not be rectified.
Service and payment schedule
- This service is being provided for a single website only. Any time, resources or features of this service can therefore not be allocated to another website at any time, and a separate agreement would need to be entered into for the other website.
- An initial contract term of 3 months applies, commencing from the date of this order. After the 3 months, the terms and conditions of this agreement still apply for the duration of the service.
- Payments must be made by the due date of each invoice, which is in advance of the service renewal date. We’ll suspend the service until payment is received.
- You can cancel the service any time, however we do not provide refunds. Note: This service is only available for websites which use the WordPress software platform. A refund will be issued if you pay for this service in error, minus any transaction or administration fees we incur.
- Prices and inclusions are subject to change. However, if you continue the service for 12 consecutive months, pricing and inclusions will remain the same during that time.
Resources and software
- The inclusions of the service vary depending on the plan. We will endeavour to fulfil Your requests, however We reserve the right to charge additional fees for some tasks, at Our discretion. When the agreed amount of time has been exhausted each month, We will provide a Quote or Estimate for any additional work.
- The monthly time included in your service can’t be applied to other fixed price services/packages that we offer, and has other limitations on how it can be used, depending on your selected service plan. Unused time and resources each month are forfeited (they don’t “roll over” to the following month). Time logs are provided on request, at our sole discretion.
- We may install software in your website using our own licence(s), for the purposes of managing and improving your website. Those licence(s) will remain active for the duration of the service, but if the service is cancelled, our licence(s) will be removed. You can then purchase your own licences to continue to use the software, or use alternative software. Any related costs will be at your own expense.
- Any software in your website which requires a paid licence for use, developer support, or upgrades, will be at your own expense. We can provide instructions on how to purchase and provide the software and/or licences.
- We’re not responsible for software created by third parties. While we do our best to avoid bugs or issues with your website, in practical terms we can’t perform a forensic analysis of every software package and how it may interact with other packages.
- Due to the complexity, scale, and number of integrations involved with some software (such as WooCommerce), We will perform software upgrades as required, however We will limit the frequency of upgrades performed. Where an upgrade requires significant rewrites, fixes, or changes of any type, We will provide a quote for additional costs, for Your approval. If You do not proceed then We’ll discontinue all upgrades related to all related software until an upgrade quote is approved.
We cannot be held responsible for any issues with the Website, or our ability to provide the service, if any of the following circumstances apply:
- We do not provide the web hosting service for the Website.
- We did not create the Website.
- The Client or another party makes any changes to the Website at any time, including but not limited to software upgrades, changing settings, changing hosting configuration, to the website at any time.
- There were pre-existing issues (whether We identified them earlier or not, and whether We advised the Client about these issues or not).
- The Website was poorly configured, including but not limited to lack of security features, weak usernames or passwords in use, lack of backup/restore functionality, and any other software or configuration issues which may have made the Website more susceptible to problems.
- There’s an issue or outage with the third-party tools We use to manage the Website.
Search engine optimisation
Search engine rankings
This Service is provided for the purpose of increasing the search engine ranking of the Website, for the targeted keywords only, within the term of the Contract. Any resulting change in Website traffic and/or leads generated for You are a by-product of this Service and We cannot be held responsible for such changes.
Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, We do not and cannot guarantee any particular ranking position for any particular keyword, phrase or search term. Unless specified otherwise, this Service is provided for the Website’s listing and performance in Google.com.au only.
We will provide You with monthly activity/progress reports within the calendar month following the reporting period, according to the reporting preferences nominated by You in the Project Questionnaire.