Our Terms and Conditions are supplied with every quote and must be agreed to before we start work on your project. This is to ensure all our clients fully understand all their responsibilities during a project. Please contact us if you have any questions about this agreement before accepting the Terms and Conditions.
For a summary of Hubsite Builder’s commitment to our clients and what we expect from them, see Statement of Responsibilities.
Hubsite Builder Terms and Conditions of Quotation and Sale
These are the terms and conditions of quotation and sale of all products and services supplied by Hubsite Builder Website Development (“Hubsite Builder”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Hubsite Builder and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.
1. Quotations are valid for a period of 30 days.
2. All orders placed with Hubsite Builder shall only be accepted subject to these terms and conditions and Hubsite Builder may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Hubsite Builder to the client.
3. If a client cancels or alters any order or part order at any time after Hubsite Builder has received the order then Hubsite Builder reserves the right to render additional costs to the date of such cancellation or alteration.
Terms of Payment
4. For quotations $1000 and over the client shall make payment within the following terms:
- 50 per cent deposit on receipt of signed quotation approval;
- 30 per cent on approval of the design;
- 20 per cent on final approval before launch;
- All payments are to be made in full within 7 days of the date of the invoice before we proceed to the next level.
5. For quotations under $1000 the client shall make payment within the following terms:
- Unless otherwise negotiated, payment is to be made in full on receipt of signed quotation;
- All payments are to be made in full within 7 days of the date of invoice.
6. Payment shall be made by direct electronic deposit, cash, cheque, or credit card via PayPal or Stripe.
7. If the client fails to make payment in accordance with clause 4 or 5, Hubsite Builder shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by Hubsite Builder). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
8. Hubsite Builder shall also be entitled to claim from the client all costs relating to any action taken by Hubsite Builder to recover money due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.
Copyright and Ownership
9. All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by Hubsite Builder shall be the absolute property of Hubsite Builder and the client shall not use such material in any media until payment is made by the client to Hubsite Builder in accordance with clause 4.
10. The copyright for all purposes in any ideas, designs, artwork, compositions, symbols, logos and other trade indicia prepared or developed by HubSite Builder (“the copyrighted work”) vests in Hubsite Builder.
11. In consideration of the payment by the client in accordance with clauses 4 & 5, Hubsite Builder as the beneficial owner assigns to the client the copyrighted work subject to clause 12.
12. Notwithstanding clauses 9 to 11 herein, Hubsite Builder shall retain copyright ownership of all draft concepts, artwork, compositions, symbols and logos (“the draft artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Hubsite Builder’s title in the draft artwork.
13. Hubsite Builder may use any artwork/design for its own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. Hubsite Builder’s ‘designed by’ link will remain for the life of the design except by negotiation.
Revisions and Supply of Content
14. Unless otherwise negotiated or Hubsite Builder’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to the final format, with the accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Hubsite Builder assumes all written content adheres to copyright laws.
15. Images are also expected to be supplied before work begins, unless by prior negotiation or if using Hubsite Builder’s stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Hubsite Builder assumes that all correct permissions have been sought and/or royalties paid for images used.
16. Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
Project Duration and Client Response Time
17. The client agrees to provide timely responses to Hubsite Builder after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, HubSite Builder will deem the project complete. At such time, Hubsite Builder shall have no further obligation to the client, and the client shall pay Hubsite Builder all fees and expenses associated with the work performed.
18. The client agrees to pay any fees for hosting, SEO and or website maintenance contracts via regular automatic direct debit or credit card payments unless otherwise negotiated. A dishonour/late fee may apply if payment is late or insufficient funds are available causing Hubsite Builder additional work or bank penalties. Should the client wish to break this contract and take their hosting, SEO and or website maintenance elsewhere, they will be required to pay the full amount for any remaining months left on their original contract before any files will be transferred to their ownership.
19. Hubsite Builder shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Hubsite Builder including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
20. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Hubsite Builder may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Hubsite Builder may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by an appropriate court sitting in the State of New South Wales applying the laws of the State of New South Wales.