Terms and Conditions
Standard Terms & Conditions
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Technest Solutions Australia (technest.com.au) for its clients.
SLA & Working Conditions
Please check our SLA and we require certain conditions to carry out the project order/work as follows but not limited to:
- Client must cooperate to describe the desired project & contents properly in a timely manner so that the development team can work & produce the best outcome in an agreed time frame.
- If client wants to use any 3rd party integrator/provider/web design agency for any part of their project work,(except for domain & hosting and materials for project like information, chart, photographs etc) its mandatory to clear all dues first & get the log in credentials/full authority of the project to be handed over to client for them to work.
Due to technical reasons, we wouldn’t work in a collaboration with another 3rd party design or individual designer/developer, company/provider in ongoing project. however, client can supply us the relevant content for the project provided by their appointed 3rd party suppliers.
SLA gets void immediately in case client had to use any 3rd party provider on the same project with or without our consent.
- If client wants us to work on any of their incomplete project/s (done by another designer/developer/provider) its clients responsibility to supply us the UNRESTRICTED full Log in credentials/system access. Technest will ask to have the full control & may restrict previous provider (designer/developer/company) to the project.
- Technest wouldn’t be liable for any intellectual property claim issues raised by previous provider/agency/developer. Its clients responsibility to deal with any claims/legal formalities arises by the previous provider/developer/design company.
Due to better outcome of project, client needs to be co-operative with our suggestions, because based on type of project we may need to modify/change part or full structure of existing project work done by previous supplier.
Our Fees & Deposits
Design & development fee varies to project to project. A 20% (REFUNDABLE) deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. After delivering the first phase of work for revision by client, another 30% of total owing shall become due. After maximum of 3 revision or work ( 2 remains after first design) when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses, remaining balance will due. We reserve the right not to commence any work until the deposit has been paid in full. However, depending on special agreement, we may offer the launch of full site & remaining 50% balance can be paid in full within 14 days of making the site live. If payment is not cleared within given time frame (unless stated) we may pause the live site & temporary put on hold.
The first full 50% (20% + 30%) deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and client wants to terminate the contract through no fault of ours or just simply change of mind. Please note, Log in credentials/license of part of the work will NOT be hand over to client.
Supply of Materials
Client must supply all information & materials (where necessary) required by us to complete the project in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. 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.
If client agreed, we may use generic materials (e.g. stock photographs) where applicable to complete the project. We recommend, client provide us necessary materials (picture, product, links etc) for their site along with required information that they want to see in site within 7 days of putting order so that we can start working on that. Otherwise, we may proceed to the billing cycle automatically.
Variations
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount (standard is maximum 3 revisions) and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged as an update fee based on work type. We will inform in advance if any modification falls under this category.
Common examples of payable Update: Structural change in site, change on base theme & design, changes/replacing major materials that was supplied before by client, anything else that requires major changes in coding etc.
Project Delays & Client Liability
Any time frames or estimates that we give are contingent upon client’s full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
Approval of Work
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due if otherwise not stated.
Rejected Work
We would always put the best effort to satisfy client with the quality of work. So, we appreciate review by client & advice us where necessary correction required. If you (client) reject any of our work within the 7 days review period, or not approve subsequent work performed by us 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.
Payment
Upon completion of the 7 days review period, we will invoice client for the 50% balance of the project. Invoice due within 14 days in full. Failure to do so may results in temporary pause on live project for a agreed time period. And in long term dues after the agreed period, may results to report to credit agency & recovery.
WARRANTY BY Client AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that has been supplied to us to include in client’s website or web applications.
Client must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
LICENSING
Once client has paid us in full for our work we will grant the full log in credentials to the client, to use the website and its related software and contents for the life of the website.
E-COMMERCE & Payment gateways
Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Technest and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
We as a web developer/integrator an only integrate clients ecommerce site to a 3rd party payment gateways-for example Paypal. For banks gateway/hosted solutions-client requires to apply to their choice of Bank & depends upon bank’s approval.
All sorts of payment/transaction by the site is hosted by either 3rd party payment gateway providers/banks hosted solution-where Technest is ONLY the integrator & wouldn’t bear any responsibility for transaction issues or claims by website users.
SEARCH ENGINES
We do not guarantee any specific position in search engine results for client’s website unless a separate agreement has been made. We perform basic search engine optimization according to current best practice. However, we do provide SEO services, that requires separate agreement & involves completely separate payments & subject to separate terms & conditions.
CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which client may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to client are excluded. Without limiting the above, to the extent permitted by law, any liability of Technest Solutions under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for client as we see fit.
NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of client’s confidential information to any third party.
Domain/Hosting/ADDITIONAL EXPENSES
Client agrees to reimburse us for any requested additional expenses (after the initial contract made & quotes given) which do not form part of our proposal including but not limited to the purchase of templates, third party software/plugins, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
We can provide Domain & hosting services through 3rd party professional domain & hosting companies if clients required. Technest is not owner of any data center in Australia or overseas. We only work as a reseller where client requires.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply account credentials for domain name registration and/or web hosting that we purchased/allocate on clients behalf when client reimburse us for any expenses that we have incurred.
BACKUPS
Its client’s responsibility for maintaining own backups with respect to website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress/Joomla”, we endeavor to ensure that the web sites 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 effort basis, where any incompatibilities are found.
WITH EXISTING RESOURCES (Domain, Hosting, Theme, Template, Exchange Server, Office365 etc.)
We can process Clients request with their existing resources like domain/hosting, website theme/template. However, we don’t take any responsibility in terms of any technical issues occurs due to their existing setup limitations.In such cases,we may have to provide alternative options to clients.