Terms Of Service
These are the standard terms and conditions for Website Design and Development and apply to all work undertaken by Gerson Seven for its clients. By accepting one of our quotes or proposals, or remaining as one of our valued customers under a hosting & site care arrangement, you are agreeing to the following:
Fees & Deposit
A 50% deposit of the total fee payable under our proposal is required for us to commence work unless otherwise stated. The remaining charges are due when the work is completed or when otherwise arranged, and once full payment is made, your site will be made live. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable provided all of the following conditions are met:
- We have not commenced work on the site.
- You request a refund by email within 2 weeks of deposit being made
- Your request for a refund is not simply as a result of a change of mind
Furthermore, we are happy to provide you a full refund of your deposit if we cannot (due to unforeseen circumstances) fulfil our obligations to you from this agreement.
Research
We’ll identify your website’s purpose and clarify its scope and functionality with you either by phone, in person or via video call. You must supply all your branding assests, specify fonts and chosen colour palette. Once we clarify the desired look of the site, we are ready to commence the build.
Supply of Content & Build
While we can build your site with place-holder text and images, you are responsible for supplying all relevant text/images/videos and/or any other information required by us to complete the work unless otherwise arranged. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed and which are not covered by the 50% deposit.
Variations
Our website development phase is flexible and allows certain variations to the original scope such as changing text or images. However any major deviation from the original scope agreed upon, which requires design layout changes or implementation of 3rd party infrastructure, automation or functionality not covered in the original quote will be charged at the rate of AU$100.00 per hour.
Approval of Work
You will be notifed by email upon completion of the work, and have the opportunity to review it. You must notify us by email of any changes you need within 5 working days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 5-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the work will be deemed to have been completed and the 50% balance of the project price will become due.
Hosting & Site Maintenance
To preserve server integrity and security, and under the licence agreement we have with various premium plugins and applications we use to build your site, you agree for us to host your website and we will commit to maintaining your site under one of our hosting and site care packages (unless otherwise arranged). For as long as your site is hosted with us, you will have use of our licensed software used on your website (unless otherwise arranged). Site maintenance also includes backing up your site. We make 3 regular backups of your site to 3 different locations. One is made to the same server your site is hosted on, and the other 2 are different cloud locations. Should you wish to keep your own backup, this can be arranged upon request.
3rd Party Software
We endeavour to use only 3rd party plugins/scripts or applications that we know are regularly maintained by their respective authors. While we do our best to ensure these plugins are updated, we do not take responsibility for any third party software/apps or plugins or how they impact your site. You will be made aware of all and any of these apps used on your site.
Website Security
Your website will be kept secure using server level firewall (6G or 7G WAF), and other measures, including limiting login attemts to prevent brute force attack. While we keep your site secure under the site maintenance plan, it is impossible to guarantee your site is immune to hacking. For this reason, if you are hacked, we will investigate the cause of the hack and do our best to clean the site of any malicious code. However, it is your responsibility to keep a strong username and password for your login credentials (don’t use something like “admin” or your site domain as your username, and don’t share your username and password with anyone).
Moving Your Website to Another Host
Should you wish to move your website to another hosting provider, you must provide **1 month notice and we will supply you with a zipped folder containing your website files. Since your website may have been built using premium plugins and applications licensed to Gerson Seven, these will be deactivated on your website (unless otherwise arranged under original agreement) and you will not be able to update them unless you purchase a license from their respective vendors for yourself. Not updating a website’s plugins, core and theme may pose a significant security risk and could also mean your site may not function properly. Gerson Seven is not responsible for websites that malfunction after they have been migrated from our servers.
** If you have purchased one of our hosting & website deals, such as the $100 Black Friday website deal, you must continue to host your site with us under the deal terms provided within the offer.
