Great White Web Design - Payment Terms & Conditions
All agreements, payments and payment plans for Products and Services provided to the client or customer by Great White Web Design (hereafter referred to as GWWD), are subject to the following terms and conditions.
1. Acceptance - A payment of advanced fee, payment plan deposit or online payment is deemed an acceptance of these terms and conditions, a copy of which is available via our website.
2. Package Prices - Charges for the services to be provided by GWWD are defined in the Package Details that the Customer has read on our Website. GWWD reserves the right to alter the Package Price or Contents at anytime, however, will confirm and hold the Package Price and Contents for a period no less than thirty days, if the customer has confirmed their purchase by completing the required PayPal Payment or Subscription.
Items in a Website Package provided by GWWD are set to a fixed price based on requirements and information provided. No extra charges will be incurred to complete any website package unless further requirements, services or information is provided to GWWD by the Customer which significantly changes the package contents & price. Any extra package changes will be charged to the Customer prior to commencement of the quoted item on a separate PayPal Invoice.
3. Charges and Payment "Standard" (Non-Payment Plan) -
3.1. Payment for services under the "Standard" (Non-Payment Plan) method must be made by either PayPal (for Credit Cards) or Direct Bank Deposit.
3.2. PayPal Payment Option - All Website Design Project Packages in the "Standard" (Non-Payment Plan) method of payment require the full upfront payment of the project quotation total before the work is commenced and submitted to the Customer for review, and the project being set live on the server.
3.3. Direct Bank Deposit Option - All Website Design Project Packages or Custom Quotes in the "Standard" (Non-Payment Plan) method of payment require an advance deposit payment of a minimum of fifty (50) percent of the project quotation total before the work is commenced and submitted to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to the project being set live on the server.
3.3.1. The project will be deemed to be complete once all of the respective package inclusions have been prepared, irrespective of any delays in provided content by the customer. Refer to Turnaround Time and Content Control.
4. Charges and Payment "Payment Plan" (Monthly) -
4.1. All Website Design Projects available in the "Payment Plan" method are offered at a Package Price amount paid over either three (3), six (6) or twelve (12) monthly payments (CASH Clients ONLY) (depending on the Website Package Price and Payment Terms as outlined in the issued New Website Proposal) and are subject to the reading and acceptance of this document (GWWDService and Payment Terms and Conditions) by the Customer.
4.2. The customer must complete their PayPal Subscription or Direct Bank Debit Payment & Website Application Form prior to the commencement of the project.
4.3. All payment plan subscriptions are subject to an initial deposit as specified on the package information page, with the balance of the website design project quotation, plus applicable costs associated with the respective project payment plan, being spread over the relevant term chosen. You can review full cost analysis HERE.
4.4. The Customer's "Payment Plan" period will begin upon acceptance of the "Payment Plan" offer and their Payment Plan being setup on either Direct Debit or PayPal by the Customer. Payments will be deducted from the customer’s selected account on the first (1st) day of each month for the duration of either the 3, 6, or 12 month payment period.
4.5. By agreeing to GWWD Terms and Conditions document, the Customer agrees and guarantees to supply approved monthly payments for the "Payment Plan" period of either 3, 6, or 12 months, whichever is valid.
4.6. Should the subscription payment plan be cancelled or ceased by the customer prior to the final payment date being reached, GWWD reserves the right to immediately remove the customer’s web site, whether complete or incomplete, from the public server.
4.7. Should removal of a customer’s web site from the server be necessary, GWWD will only reinstate the web site back onto the public server once:
4.7.1. The cancelled subscription payment plan has recommenced, or the outstanding balance of the agreement has been paid in full, and
4.7.2. A reconnection fee of $300 is paid upon invoice by GWWD to the customer.
5. Customer Consultation - Where consultations are required between GWWD and the customer, charges may apply. Consultations which occur either at the GWWD office or via telephone are free of charge. Consultations which are required to take place at the customer's premises may incur a consultation fee. Any consultation fees will be advised to the customer prior to a consultation taking place.
6. Customer Review -GWWD will provide the customer with regular opportunities to review the appearance, layout and content of the project during the design and creation process.
6.1. The initial stage of creation involves the design shell of the Website Design Project which, once finalised and approved by the Customer, will not be amended without additional cost to the customer.
6.2. At the completion of the project, the final product will be deemed to be accepted and approved by the customer, unless the customer otherwise notifies GWWD within seven (7) days of the final project being made available to the customer.
7.1. Adherence to the agreed completion date will be dependent upon the customer providing required materials such as logos, images, banners, audio, video and written content in a timely manner that is relevant to the agreed timeframe.
7.2. The customer agrees to delegate a single individual as contact to assist GWWDwith progressing the project in a satisfactory and expedient manner.
7.3. Under the "Standard" method of payment, if content is not provided within thirty (30) days of an official request by email then GWWD reserves the right to advise the customer of a revision to the final payment fee based on any new or revised pricing schedules should any changes in pricing schedules occur during this time.
7.4. Under the "Standard" method of payment, if content is not provided within sixty (60) days from the original email request then the customer will be considered to be in default of the agreement, and the project will be suspended and the customer sent the final invoice for immediate payment. GWWD will agree, at its sole discretion, to recommence the project after agreement is reached on a revised quotation document and once the original fees have been paid in full.
7.5. Under a "Payment Plan" method of payment, content requests by GWWD are to be provided by the customer in a timely manner for completion on the project. Weekly or monthly payments will continue to be deducted under the payment agreement irrespective of any delays in the project due to untimely provision of requested content by the customer.
8. Additions/Extras - Any additional items, pages or other features requested by the customer that are not included in the original Website Package Contents, will be assessed by GWWD and quoted and billed separately. The customer will be sent an invoice via email or PayPal, to include these additional or extra items on their project.
8.1. Payment terms for additional/extra items will be notified on the respective invoice, and will not affect the regular ongoing payment plan, or any other payments already due at that time.
9. Default - Accounts which remain outstanding or unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on GWWD Hosting Server, GWWD may, at its discretion, remove all such material from its web server.
9.1. GWWD is not responsible for any loss of data that occurs due to the removal of the service. Removal of such material does not release the customer of their obligation to pay any outstanding charges associated with the customer's account.
9.2. Customers with accounts in default agree to pay GWWD any reasonable expenses incurred in enforcing these Terms and Conditions, including but not limited to legal fees and costs for collection by a third-party agency.
9.3. Any payments returned or dishonoured for insufficient funds or otherwise will immediately render the customer’s account in default until any outstanding payment is received. The customer will be required to make any outstanding payment to GWWD within seven (7) days and ensure the regular payment plan is maintained for the remaining payment period.
10. Termination - Termination of services must be requested in a written notice and will be take effect thirty (30) days after receipt of such notice. Telephone requests for termination of services will not be honoured until confirmed in writing, whether via email or hard copy mail.
10.1. Upon termination of services under a "Standard" method of payment, the customer will be invoiced for any design work completed up to the date of first notice of request for cancellation, for payment in full within thirty (30) days.
10.2. Upon termination of services under a "Payment Plan" method of payment, the customer is required to pay in full the balance of their weekly/monthly payments in relation to the remaining contract period. The weekly/monthly payments may be adjusted by GWWD in respect to any incomplete portion of the quoted project at the date of first notice of request for cancellation.
11. Ownership - Any and all design, files, layouts and other items related to the project, including the domain registration, remain the property of GWWD until full and final payment has been made under a "Standard" method of payment, or at the end of a successfully completed contract period under a "Payment Plan" method of payment for the project.
11.1. Ownership is transferred from GWWD to the customer upon final payment of the project.
12. Copyright - The customer retains the copyright to data, files and graphic logos provided by the customer to GWWD for use in their web design project, and grants GWWD the rights to publish and use such material.
12.1. The customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting GWWDpermission and rights for use of the same and agrees to indemnify and hold harmless GWWD from any and all claims resulting from the customer's negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
13. Intellectual Property - Any functions, coding, programming or other systems created by GWWD which controls the customer's Website Design Project remains the property of GWWDat all times. Upon the final payment of the Website Design Project, the customer becomes the owner of the style, layout, general design and graphic design of the Website Design Project. The Customer also retains ownership of all of the content placed onto the Website Design Project.
13.1. The content, style and design on the Website Design Project will be made available should the Customer elect to cancel the services of GWWD, provided final payment has been made and no further amount is owed by the customer to GWWD.
14. Standard Media Delivery - Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the customer in electronic format (Word document text files or similar delivered on disc or via e-mail), all photographs and other graphics will be provided electronically in .gif, .jpeg or .png format, audio files will be supplied in mp3 format, and any video files will be supplied in mp4.
14.1. Images and photographs requiring external scanning, or documents provided in hard copy requiring re-typing may incur further charges.
14.2. While every reasonable attempt shall be made by GWWD to return to the customer any images or printed material provided in physical format for use in creation of the customer's Web site, such return cannot be guaranteed, and GWWD will not be held liable for any missing returned materials.
15. Design Credit - A backlink to GWWD will appear in either small type or a small graphic at the bottom of the customer's Web site. If a graphic is used, it will be designed to fit in with the customer’s overall site design.
16. Access Requirements - If the Customer's Web site is to be installed on a third-party server, GWWD must be granted temporary read/write access to the customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources may also need to be configured on the server which may incur further charges by the customer’s third-party server provider. GWWD will not be held liable for any third party costs associated with this customer requirement.
17. Post-Placement Alterations -GWWD does not accept responsibility for any alterations caused by the customer or a third party occurring to the customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
18. Domain Names -GWWD may purchase domain names on behalf of the Customer. Payment and renewal of those domain names will then be charged to and paid by the Customer to GWWD. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of GWWD.
19. Confidentiality -GWWD will not use other than for this Agreement, or disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this Agreement which is considered of a confidential nature relating to the business strategies, products, services or processes related to the customer.
19.1. The obligation of this confidence will cease to apply regarding any information GWWD is required to disclose by law.
20. General - These Terms and Conditions supersede all previous representations, understandings or agreements. The customer's acceptance by ticking the "checkbox" or making payment of an advance fee/deposit, constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. GWWD reserves the right to change any of the Terms and Conditions at any time and without prior notice
21. Governing Law. This Agreement shall be governed by applicable Australian and New South Wales laws.