Customer Agreement (Sales Website)

1. Introduction

This Customer Agreement is a Product-Specific Customer Agreement supplement for the product of ‘Sales Website’ (‘this website’) to the Customer Agreement (General Project) and sets out the additional terms and conditions that apply to the commercial relationship between you and us.

The terms, defined terms, conditions, and notices contained or referenced herein for this Product-Specific Customer Agreement are in addition to, and should be read in conjunction with the Customer Agreement (Universal) to form a single document, encompassing the previous definitions of ‘Customer Agreement’ and ‘this document’, and for that reason, you are required to read the aforementioned document before reading this Product-Specific Customer Agreement.

2. Website design and development

When you provide us with materials, subject to the Project Scope, we will insert them into the website.

Any corrections or changes to either the concept/design after initial plans have been approved and signed off or replacing previously-inserted materials will be billed at our standard hourly rate. You agree to accept responsibility for costs incurred as a result of any neglect/oversight on your part.

We reserve the right to decline to carry out any work not detailed in the Project Scope.

3. Cloning this website to create new websites

In this project, we’re building a single website, and considerable investment has been made to develop the production process to a high standard of quality. While it would be technically possible for one to duplicate this website, modify specific components, and point a domain name to it, doing so would be in breach of the single website licence that you are purchasing – so, please don’t do that unless we have given written permission. If you do, you agree to indemnify us for any loss or damages suffered by us.

4. Payment terms (Marketing Site)

Before any production commences, 50% of the Project Development Price, plus the Additional Materials Float will be due.

If you instruct us to not commence until an agreed date, a non-refundable deposit of 20% of the Project Development Price will be due at the agreement to such an arrangement, and the remaining amount in line with the above will be due before the commencement of production.

When production is 50% complete (which is when we present a low-resolution mock-up of the website), 75% of the Project Development Price will be due.

We will consider production to be 100% complete when we can demonstrate that we have fulfilled the Project Scope to the maximum extent possible without the website being made live on the World Wide Web at your domain (‘Project Scope Fulfilled’). At this time, 100% of the Project Development Price will be due, and upon payment plus any other applicable amounts as per this document (e.g. additional materials not covered by the Additional Materials Float), and subject to clause ‘Intellectual property’, this website will be released to you.

We reserve the right to suspend access to or remove this website in the event of default in any payment until we have received payment in full. Additionally, title in this website does not transfer to you until we have received all amounts owing that are related to this website.

5. Testing and warranty against defects

Included with this website is a one-year limited warranty against defects (e.g. ‘bugs’) and is valid only while our version of the source code is in use. You may make changes to the source code, but we reserve the right only to honour the warranty if the source code is rolled-back to undo your modifications. Changes you’ve made to the source code may not be recoverable, and we will not be liable to you as a result of the loss of any such changes. If we are to resolve defects without rolling-back your modifications, we will bill this as a non-warranty job at our standard hourly rate. Such tasks would be on a best-effort basis, as determined by us, and regardless of whether the issue ends up getting resolved.

The warranty is limited to this website fulfilling the Project Scope using screen resolutions ranging from that of the Apple iPhone, (2007) to modern widescreen desktop monitors.

The desktop/laptop web browsers Chrome, Edge, Firefox, and Safari are supported where they are running on operating systems no earlier than OS X 10.11 El Capitan or Windows 7 and provided that all available updates are installed and has been the latest version (excluding beta, developer, and other non-official mainstream releases) at some point during the 24 months prior to this website having its Project Scope Fulfilled.

The smartphone/tablet web browsers Chrome, Firefox, and Safari, are supported where they are running on Apple iPhone or Samsung Galaxy devices*. Due to the large quantity of smartphone/tablet models in existence, this website only supports the two most popular smartphone brands (as of 2018), and it is, therefore, reasonable for us to assume that most, if not all, competing models will be equally compatible with this website.

* Provided that all available updates are installed (excluding beta, developer, and other non-official mainstream releases), and the device was the latest model at some point during the 24 months before this website having its Project Scope Fulfilled.

The warranty period will commence when we have fulfilled the Project Scope.

6. Design credit

To give due credit to our involvement in this website, you allow us to place a hyperlinked design acknowledgement in the footer of each page on this website. Permission for removal is available to purchase by you for 75% of the Project Development Price.

Please note that a published website that requires the acknowledgement will be checked periodically as a standard business process to ensure compliance, and if the design credit is found to have been affected by removal or tampering, we will deem that you agree to purchase this permission and payment will be due immediately upon invoice.

7. General disclaimer (Marketing Site)

To the maximum extent possible at law, we will not be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, but not limited to, those arising from:

  1. your failure to comply with external third party licences or terms of service;
  2. malicious software or other unauthorised access (e.g. hackers or attacks);
  3. insufficient licensing to use intellectual property (e.g. stock photography);
  4. your failure to renew a renewable item (e.g. domain name registration); or
  5. your consent to publish this website, despite existing errors or omissions.

Where we provide legal clauses (e.g. terms of use or privacy policies), you acknowledge they are general, and they do not consider your personal/business objectives, financial situation, or particular needs. It is your responsibility to have such clauses reviewed by your legal counsel should you wish to use them.

8. Support scope and fair use

In the interest of ensuring a high level of service to you, we generally apply fixed limits to the amount of support we provide per website purchased. These limits exist to minimise the impact to our support service level caused by excessive contact that is outside of the scope and what we consider to be the reasonable and fair use of the support service. To that end, you agree not to engage in excessive contact, which includes but is not limited to repeatedly requesting:

  1. assistance with matters outside of our control or this specific product of ‘Marketing Site’;
  2. assistance with matters which we have previously provided training to either yourself or individuals in your organisation;
  3. appointments or email responses to the extent that it has a detrimental impact on our ability to service our other customers; or
  4. as determined at our sole discretion, urgent assistance with non-urgent matters.

If we determine that you are engaging in excessive contact, we will provide you with a written notice to this determination, and you acknowledge that we may then undertake any or all of the following actions:

  1. apply a restriction on contact time permitted with you;
  2. invoice you for all or a portion of time spent on the phone, responding to emails, and any other undertakings required to service you at our standard hourly rate, but only after your authorisation to proceed with such time-based billing; or
  3. after we have issued a third notice, suspend your provision of support services.

We may only issue notices of excessive contact within 30 days of said excessive contact, and we may only make the determination based on activity within the 90 days preceding the notice's date of issue. If you wish to dispute a notice of excessive contact, you agree to contact us in writing within 14 calendar days of the notice's date of issue.

Additionally, for us to provide support, we need to be able to conduct remote desktop screen sharing sessions, and to that end, we will only provide support where your device:

  1. is connected to the Internet with download and upload speeds of at least 256 kbps (i.e. entry-level broadband);
  2. is running an official and mainstream release of an operating system that is at a minimum OS X 10.11 El Capitan or Windows 7; and
  3. has sufficient system privileges to enable the installation of our remote desktop application for virtual meetings.