Website Adelaide Terms and Conditions

Vagner Svensson PTY LTD ATF VAGNER & SVENSSON TRUST trading as Website Adelaide operates the Website Adelaide website: https://websiteadelaide.com/ its product and services.

ABN 47 459 681 220

  1. Standard Terms and Conditions

These are the standard terms and conditions for website design, development. (‘Website Build’) and apply to all contracts and all work undertaken by Vagner Svensson PTY LTD ATF VAGNER & SVENSSON TRUST trading as Website Adelaide for its clients.

The terms ‘us’ or ‘our’ or ‘we’ refers to Website Adelaide.

The terms ‘you’ or ‘your’ and ‘Client’ refers to the client of Website Adelaide.

We reserve the right to amend or modify these Terms and Conditions at any time, without prior notice to you. Your continued use of our services following any changes signifies your acceptance of our updated terms.

Website Adelaide operates in accordance with Australian Competition and Consumer Law.

Website Adelaide reserves the right to refuse to work with any prospective client for any reason, and provide service to any client, if these are not aligned with our business operating principles and policies.

 

  1. Client Agreement

During the website briefing, it is your responsibility to provide Website Adelaide with clear guidelines along with the specific detail of what you may require.  The quote we provide is based on our best understanding of your requirements based on the information provided. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly.

At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes.  Therefore, it is essential that you clarify every aspect of your Website Build and ensure you have been quoted on the right requirements.

On your written acceptance via email of the quote this becomes the ‘Client Agreement’ and is deemed thereafter a written contractual agreement between you and Website Adelaide.

Once the Client Agreement has been finalised, any additions, changes or enhancements in the functionality of the Website Build will affect the Client Agreement and may incur additional costs and a revised delivery date.

 

  1. Fees and Deposits

All prices are quoted in Australian dollars and are inclusive of GST unless specified and are guaranteed for 60 days from the date of quotation.

Payments schedule for your website

Phase 1 payment

$500 + GST deposit to start the website project. If the website project quote if over $3,000 + GST, the deposit to start the website project is $1,000 + GST.

A first-page suggestion is built and sent to the clients for approval.

Phase 2 payment

When the home page suggestion is approved, and the client is happy with the design, Website Adelaide will continue to build the remaining pages according to the sitemap. We have the right to send a milestone payment of 80% of what is left to pay for the full quote at any time during the build of the agreed sitemap.

Phase 3 final payment

The remaining cost of the website quote is due within ten working days of the website being completed and approved. The website will be launched when the invoice has been paid in full.

Website Adelaide reserves the right to invoice the final payment if the client takes more than 1 month to come back with feedback in order to complete the project

 

  1. Supply of Materials and Information

After deposit has been paid, you must supply all materials and information required by us to complete the work in accordance with the Client Agreement within 10 working days of instructing us to commence the website.  Such materials may include, but at not limited to, written copy, logo, photographs, video, and other printer material.

The build of the website will not commence until all materials and information have been supplied.  Where there is any delay in supplying there materials to us which leads to a delay of the agreed completion time, then Website Adelaide have the right to extend any previously agreed deadline by a reasonable amount.

Where you fail to supply materials and information within 2 months and that prevents the progress of the work, the deposit will not be refundable.

If you wish to keep your current web hosting package, then you are required to release to Website Adelaide, the codes to the control panel within 10 working days of instructing us to commence your Website Build.  No work can be started without access to the control panel, unless specifically stated otherwise in the Client Agreement.

 

  1. Variations

Website Adelaide will begin the Website Build by creating a home page/ first page (‘First Page’) only when the text / copy writing has been approved by the client and which will show the suggested design, layout, and colours of the website.  However, this initial stage will not commence until the deposit of the total fee payable under the Client Agreement has been received.

You do have the opportunity to request a revision to the website design.  However, Website Adelaide have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design per the Client Agreement.

Any major deviation from the agreed specifications of the Website Build, including but not limited to, the website design, text content, images and colour scheme, per the Client Agreement will be an additional charge of $165 (inclusive GST) per hour.

When you have agreed and accepted the First Page, Website Adelaide will suggest the layout and design theme of the other pages. When have you agreed to the layout and design theme, we will there after continuing and build the rest of the pages.

If you fail to deliver the changes and the additions requested within the next 10 working days after receiving communication from Website Adelaide, we reserve the right to issue the final invoice of the contract.

 

  1. Hosting

If you already have hosting, Website Adelaide can build the website on that server. However, we reserve the right to charge an extra fee of $110 (GST inclusive) as needed because webhosting companies have different control panels and routines, which means it can take longer to get started with some of them.

Website Adelaide work closely with a hosting company in Adelaide named Denzyne.net and we highly recommend setting up hosting services with them.  We will then help with the process. Denzyne.net hosting fee for the standard package is $88 (GST inclusive) per year. You will be in contact with Joel Williams who sets it up and sends us the codes we need to get started.

Website Adelaide believe Denxyne.net provide one of the best control panels with possibilities to set up as many domain name emails as you like and more.  Joel Williams can also set up the domain name for the client and there is a fee of $22 per year for.com.au.

You will be the sole owner of the hosting package, your website, and the domain name.

Website Adelaide is a totally different entity to dezyne.et and has no ownership with the company. We will not be liable or responsible in the event of any loss or liability to the Client direct, indirect, or consequential, and for any 3rd party hosting issues or faults that may occur through dezyne.net. or any other hosting provider chosen including but not limited to if the website is off-line, server capacity issues, and/or website not being able to operate, a vital website feature is unusable, security issues and breaches that impair the day to today business operations for the client.

 

  1. Project Delays and Client Liability

Any timeframes that Website Adelaide give are contingent upon your full co-operation and supply of materials and information.

During the development phase of the website there will be regular feedback given in order to progress the website.  There is an expectation that you will reply within 48 hours to requests from Website Adelaide in regard to feedback and/or additional materials or information that is needed.   A failure to do so may result in a delay in the agreed timeframe for the website build

 

  1. Approval of the Website

On completion of the website, you will be notified and have the opportunity to review it.  You must notify us in the writing of any unsatisfactory points within 10 working days of such notification.

Any of the work which has not been reported in writing to us as unsatisfactory within the 10 working days review period will be deemed to have been approved.

Once approved or deemed approved, work cannot be subsequently rejected, and the contract will be deemed to have been completed and the remaining fee of the invoice will be due within 7 working days. After the website is fully paid, it will be launched.

 

  1. Rejected Work

If you reject any of our work within the 10 working days review period, or not approve subsequent work performed by use to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

  1. Payment

Upon completion of the 10 working days review period, Website Adelaide will invoice you for the remaining fee balance of the website build.  This invoice must be paid within 7 working days from the date of issue.

 

  1. Late Fees and Charges

All outstanding invoices will incur a late penalty fee of 10% of the pending amount and an administration fee of $5 per month, from the due date.

Due date: is the date on which the payment is due as per the terms on the invoice.

Outstanding invoice: an invoice is deemed to be outstanding if the payment is still due after due after 7 working days of the expiry of the due date.

Debt collection: a client is provided a further 7 working days after a late payment fee is applied to pay the invoice.  Failure to pay will result in the outstanding amount being referred to a debt collector.

Website Adelaide will not be liable for any costs or charges associated with the recovery of the outstanding amount.  Any charges associated with the recovery of the debt (debt collectors, administration charges, legal fees) will be referred to the client for processing.

If you are going to be late with your payment for a particular reason or have any queries regarding your invoice, please contact Website Adelaide immediately on receiving the invoice or reminder emails, so that arrangements can be made

 

  1. Warranty by you as to Ownership of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered business logos, names and trademarks, or any other material that you supply to Website Adelaide to include in your website or web applications

You unconditionally guarantees that any elements of text, graphics, videos, photos, content, designs, trademarks, or other information and artwork furnished for inclusion in the website, any graphic design or any marketing material etc. are owned by you, or that you has permission from the rightful owner to use each of these elements.

You agree to hold harmless, protect, and defend Website Adelaide from any claim or suit arising from the use of such elements furnished by you.

You agree to allow Website Adelaide to use your name and website to be featured on Website Adelaide website, social media, online promotional videos, past client lists, or in person presentations for companies, in print material etc, for advertising and promoting Website Adelade services to other individuals, sole traders and companies.

 

  1. Use of the Website

Once you have paid us in full for the website, Website Adelaide grant you the right to use the website and its related software and contents for the life of the website.

The rights granted to you do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes.

In the event of a Webmaster change, the website owner is not allowed to the display the credits to the new website, uncles such time that the website functionality and appearance is changed by over 50% of Website Adelaide’s original work.

 

  1. Search Engine Optimisation

You understand and acknowledges the following for website development with Search Engine Optimisation (SEO), SEO Reviews or SEO coaching:

  • Successful search engine optimisation requires a large combination of
    performing factors on a regular basis, and over long time including technical,
    on-page and off-page SEO to succeed in organic search.
  • You acknowledges that SEO is governed by numerous factors which
    are beyond of the control of Website Adelaide. Search engines are third party
    software, programmed with unknown algorithms and variables which can
    change at any given time, and performance in terms of search ranking or web traffic cannot be guaranteed.
  • As part of a website development or SEO Reviews or SEO Coaching, we only
    perform the basics for on-site/on-page SEO work to our best knowledge,
    which is the first step of many in search engine optimisation, and making best
    use of the material provided, sourced, written or amended by Website Adelaide to build the website.
  • The client acknowledges that Website Adelaide may add links, content, images, and all relevant materials onto the Client’s website.
  • The Client understands and agrees that website rankings may decrease after services has been provided. Website Adelaide will use its best on-page efforts, strategies, and techniques to improve client’s website rankings, but it does not and cannot represent, warrant, or guarantee that website rankings will increase.
  • You understand that Website Adelaide do not guarantee any specific position in search engine results for your website.
  • The Client acknowledges that Website Adelaide is not liable for any loss of
    business, revenue or profit due to ranking as a result of the SEO work performed, and or due to ranking fluctuations caused by the search engines algorithm changes, or any other factors.
  • Website Adelaide is not and shall not be responsible or liable for any loss of
    business, revenue and profit due to ranking fluctuations and any negative changes made to the website by any third-party entities.

 

  1. E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce and to the full extent permitted by the law will hold harmless, protect, and defend and indemnify Website Adelaide for any claim, penalty, tax, tariff loss or damage arising from you or your client’s use of Internet electronic commerce.

Website Adelaide will not be responsible in the event of any loss or liability to a client during construction of the website, and after the website has been delivered including product failure, and or damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by the client or its customers.

Website Adelaide is not responsible for any loss of revenue, profit, business opportunities, goodwill, or anticipated savings, indirect or consequential loss or punitive damages arising from the clients E-commerce website or selling any products, services, courses, training programs or digital experiences sold online.

 

  1. Copywriting Services

You may choose to use Website Adelaide copywriting services in conjunction with web design and development, or copywriting may be written and supplied by the client directly or outsourced to a third-party contractor. When copywriting is executed by Website Adelaide, the service includes two complimentary rounds of revisions within 14 days of initial content delivery if provided by us. When copywriting is outsourced or supplied by the client, revision terms and responsibilities will be defined by their respective agreements.

Clients are responsible for proofreading the provided copy and must approve it for use. Approval, or publishing the content on a website, signifies the client’s acceptance of responsibility for the content’s accuracy, legality, and any copyright claims related to text or imagery.

Copyright ownership of the copy transfers to the client upon final approval and payment completion. The copywriting from Website Adelaide is crafted with on-page SEO principles in mind; however, performance in terms of search ranking, keyword & queries position, page position, click-through rate, impressions, web traffic and conversation rates including filled in forms, or other metrics cannot be guaranteed.

You understand and agree that external factors, including but not limited to search engine algorithm updates, can significantly affect website performance and content relevance, potentially leading to fluctuations in website rankings. The introduction of new copy to existing websites may alter current performance levels and change the effectiveness of existing keywords, ranking positions, and traffic to your website.

Website Adelaide commits to employing its best on-page SEO efforts, strategies, and techniques when crafting content, aiming to enhance the client’s website rankings. However, Website Adelaide cannot represent, warrant, or guarantee specific outcomes in website rankings or performance directly tied to the copywriting and text content provided. Ranking improvements are subject to a myriad of factors beyond our direct control, including search engine’s assessment of content value and relevance over time.

The use of artificial intelligence (AI) for content creation may be employed.

Website Adelaide is not and shall not be responsible or liable for any loss of
business, revenue and profit due to ranking fluctuations due to any copywriting services, and any negative changes made to the website by any third-party entities

The client assumes full legal responsibility for the content upon approval or publication, including but not limited to, the originality and representation of products, services, and general information.

We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of, or the inability to use, the approved or published content, irrespective of its source. This includes but is not limited to copyright infringement, defamation, or errors and omissions.

 

  1. Third Party Extensions & Plugins

Third party extensions and plugins, where used, may not have the same level of support. Website Adelaide is not responsible or liable for any faults that are due to any updates or changes to any installed third-party extensions or plugins, or introductions of new internet browsers or new browser versions, changes to search engines, upgrades or updates to any software or hardware technologies.

 

  1. Cross Browser Compatibility

By using current versions of WordPress, Website Adelaide endeavour to ensure that the website we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome, and Safari.  Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best-efforts basis, where any incompatibilities are found.

Website Adelaide is not responsible or liable for any faults that are due to introductions of new internet browsers or new browser versions, changes to search engines. plug-ins, modules, upgrades or updates to software or hardware technologies.

 

  1. Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

We make no guarantees, representations, or warranties of any kind as regards to any work, and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the products and services is at your sole risk. The product and services, including but not limited to any advance of information or documentation, is provided on an “AS IS” and “AS AVAILABLE” basis.

While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website, or any other products, services, or related graphics or information contained on the website for any purpose.

 

  1. Consequential Loss

Website Adelaide are not liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Website Adelaide will not be responsible in the event of any loss or liability to a client after the website is being delivered including product failure, and or damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by the client or its customers.

  1. Non-Disclosure

Website Adelaide agree that we will not at any time disclose any of your confidential information to any third party.

  1. Additional Expenses

You agree to reimburse Website Adelaide for any requested expenses which do NOT form part of your client agreement including, but not limited to the purchase of templates, third party software, stock photographs and/or videos, domain name registration, web hosting or comparable expenses.

  1. Backups

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites.

  1. Consulting & Coaching

We may include Consulting and Coaching (“Coaching”) as part of the Services. By participating, you are indicating you understand that Coaching is not a partnership (defined as an alliance, not a legal business partnership) between you and the Consultant/Coach in a thought-provoking and creative process that inspires you to maximise personal and professional potential. Coaching is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals, however, results are not guaranteed, and you are responsible for any decisions you make as a result of Coaching. Your further understand that as a specialised form of consulting, Coaching is not the same as professional or licensed therapy, legal counsel, or accounting even though personal, legal, and accounting matters may be discussed as it relates to you and your business. These conversations are not to be interpreted as legal, financial, or therapeutic advice. Furthermore, you are always free to reject any advice, suggestions or requests made by the Consultant/Coach at any time as it relates to your goals.

You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in our Services. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial, or otherwise, through the use of our Services and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through any of our Services. You understand that with any business endeavour there is an inherent risk, including a loss of capital, revenue, profit and loss of customers and therefore you assume all responsibility for any such risk.

  1. Courts of Jurisdiction

The client agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the law of South Australia. You and Website Adelaide submit to the non-exclusive jurisdiction of the courts in and of South Australia in relation to any dispute arising using these terms and conditions or in relation to any services we perform for you.

 

  1. Dispute resolution

    Both parties agree:
  • To contact the other Party immediately with any concerns to be resolved quickly and effectively through friendly consultation.
  • In the event of a dispute, both Parties agree to the following Dispute Resolution Procedure:
  • To advise the other Party in writing of the nature of the dispute, the outcome you seek, and what actions you believe will settle the dispute.
  • To meet in person or Zoom in good faith to resolve the dispute by Agreement and compromise.
  • If the Parties cannot resolve a dispute by negotiation and discussion within fourteen (14) days, both parties agree to proceed to mediation with the assistance of a mediator, and we agree to share the costs of mediation equally.
  • If we cannot agree on a mediator, we will request a mediator appointed by the Law Society of South Australia.
  • Litigation is a last resort and may not be commenced until, in the opinion of the appointed and accredited Mediator, the potential for negotiation and mediation has been exhausted.
  • Both Parties agree that any dispute or issues will be confidential between the Parties and the Mediator.
  • To protect both parties’ professional reputation and relationship, both Parties agree to refrain from discussing any dispute or related issues or disrespectfully referring to each other on any social media or a public forum.
  • Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful.

 

  1. Limitation of Liability

To the fullest extent permitted by law, all terms, conditions, representations, or warranties whether expressed or implied or statutory or otherwise relating in any way to the service Website Adelaide provides are excluded, OTHER than the express provisions of these terms and conditions.