The Web & Design Studio of 149 Copacabana Drive Copacabana NSW 2251 will provide for ‘The Client’ (as per name stated in form above) with a website system as described above.
Term of the Agreement
The term of the agreement is until final delivery and approval of finished website is complete, or it remains applicable for ongoing work carried out.
Should The Client wish to terminate the agreement due to change of mind within the contract period, one month’s written notice of the intention to terminate must be given, along with payment to cover all costs of website development up to the point of termination.
No Liability for Consequential Damages
Other than for liability under the third party claims clause below, The Web & Design Studio liability to the Client is limited to the greater of the total amount of fees payable, and the total amount of fees paid, under this agreement. The Client’s liability to The Web & Design Studio is limited to the greater of the total amount of fees payable, and the total amount of fees paid, under this agreement.
Third Party Claims
The Client warrants that use of the Software as permitted by this agreement, the use of the services provided under this agreement and the use of any marketing material provided to the Client under this agreement, will not infringe any person’s rights (including intellectual property rights and moral rights), constitute a misuse of any person’s confidential information or result in The Web & Design Studio breaching an agreement that it has with any third parties. The Client indemnifies The Web & Design Studio and its officers, employees, agents and contractors against all loss, damage, injury, claim, demand, cost or expense (including legal fees and expenses) that any or all of them suffer or incur as a result of any breach of these warranties. The warranties and indemnity in this clause survive its expiry or termination for any reason.
Confidential Information
Each party acknowledges that the confidential information of the other party (which to avoid doubt includes any personal information of the other party) is valuable to the other party. Each party undertakes to keep the confidential information of the other party secret, to protect and preserve the confidential nature and secrecy of that confidential information and to only use and disclose that confidential information for the purpose of exercising its rights or meeting its obligations under this agreement. This clause survives the expiry, or termination for any reason, of this agreement.
GST Interpretation
Words or expressions used in this clause, which are defined in A New Tax System (Goods and Services Tax) Act 1999, have the same meaning in this clause.
Consideration is GST Exclusive
Any consideration to be paid or provided, for a supply to be made under, or in connection with this Agreement, unless specifically described in this agreement as GST as “GST Inclusive”, does not include an amount on account of GST.
Tax Invoices
The client need not make a payment for a taxable supply made under or in connection with this Agreement until The Web & Design Studio has given the client a tax invoice for the supply to which the payment relates.
Payment by Reference to GST Inclusive Amounts
If an amount payable by one party to another is calculated as a percentage of, or by reference to, the GST inclusive market value of a supply, the amount payable will be calculated on the GST inclusive market value of the supply discounted for the amount of GST (if any) payable on the supply.
Project Completion Date
Project Completion Date refers to the date which The Web & Design Studio have completed the project to launch specification and requests approval from The Client to launch the site.
Payment
Payment terms for fixed contracts are 20% upfront, 40% midway through the project and 40% on completion and the website going live. Payment terms for work provided on an hourly basis are upon receipt of invoice, or invoiced monthly for ongoing work.
Refund / Cancellation Policy
We provide a 100% satisfaction guarantee and in the unlikely event that the work or website provided by The Web & Design Studio is not at the agreed place based on original quotation, the Client will allow The Web & Design Studio to carry out the website to completion and quoted monies will be paid with no extra charge if the fault lies on The Web & Design Studio. However, if breach falls out of original spectrum of quote and incurs additional work due to constant change of mind, direction and scope outside of the original quote by Client, the Client will be informed upfront and additional monies will be charged.
There are no refunds for any and all website design work carried out.
Good Faith
The parties acknowledge and agree that as at the date of this agreement, it is their intention that their respective obligations under this Agreement are performed in good faith.
Legal Effect
Nothing in this Agreement is deemed to constitute, create or give effect to or otherwise recognise a partnership, trust or formal business entity of any kind. This Agreement will be governed by the laws of New South Wales.
