Absolute Web Design
The terms that apply to our website design, support and maintenance services.
You have expressed an interest in acquiring the services of Absolute Web Design. In this connection, you may provide us with access to certain information concerning the business, operations, finances, properties, and affairs of your business.
As a condition, the material will not be used by Absolute Web Design, our employees, affiliates, or representatives in any way detrimental to you. All material will be treated as belonging to you, and shall not, without your prior written consent, be disclosed in any manner, in whole or in part, to anyone who is not one of our affiliates or representatives. The Material shall not be used other than for the purpose of the service provider as requested.
We agree that we will not, and our representatives will not disclose to anyone who is not a direct participant in the provision of services requested, any of the terms, conditions, or other facts with respect to service provision.
If the business relationship is terminated for any reason, we agree to return to you, all material and all copies, summaries, and notes of the contents or parts of the material (regardless of who made them), without retaining any copies of any of the material.
The law of the State of Queensland governs this agreement and all parties submit to the jurisdiction of the Courts of the State.
If you are in agreement with this, please sign and return one copy to Absolute Web Design. It will then constitute our agreement with respect to its subject matter.
Katie Martin trading as Absolute Web Design Pty Ltd (AWD) has agreed to provide web design and if specified, support and maintenance to the client (You). Details regarding the Services will be as outlined in the Specification of Work. The Specification of Work is taken to form part of these Terms and Conditions.
Should You request that AWD provides further services, such services will be governed by these Terms and Conditions and a new or revised Specification of Work; which Specification of Work will also form part of these Terms and Conditions.
Services will be performed in a professional manner.
These Terms and Conditions will commence on the date set out in the Specification of Work.
These Terms and Conditions will continue for a period of one (1) year from the Commencement Date (TBC) unless:
AWD may engage or otherwise use third party designers or other service providers as independent contractors in connection with the Web design Services (Design Agents).
Notwithstanding, AWD will remain fully responsible for any such Design Agent’s compliance with these Terms and Conditions.
Absolute Web Design will use an opensource CMS WordPress in relation to the Web design Services.
Recorded training and a library of short how to videos for the operation of WordPress will be provided upon acceptance by You of the Web design Services in accordance with Clause 19.
(a) Fees – On receipt of a valid invoice, AWD requires payment of the fees as set out in the Specification of Work.
(b) Method of payment – Fees are payable by direct credit, cash, cheque or through paypal.
(c) Time for payment – Unless otherwise agreed in writing, all accounts are payable within 7 days. AWD may require the payment of a deposit before it will commence provision of the Services.
(d) Expenses – Any expenses incurred by AWD on Your behalf such as but not limited to: courier and postage, mailing costs, printing, laminating and binding, CD and DVD burning; will be charged to You on a cost recovery basis and will only be incurred after prior approval has been provided by You.
(e) AWD may recover any expenses reasonably incurred by it as a result of late payment and is entitled to charge interest at the rate of 2% pa above the RBA’s Cash Rate target published on the date when payment was due.
(a) Upon receipt of full and final payment of all fees under these Terms and Conditions, ownership of all intellectual property in the Deliverables created specifically for You, including the website design, content and associated files, is transferred to You. Until full and final payment is received, AWD retains ownership of that intellectual property and You receive a non exclusive, non sublicensable licence to use it.
(b) To the best of its knowledge AWD warrants that any Deliverables provided to You will not breach any third parties’ intellectual property. Third party themes, plugins, fonts, stock images and other licensed software or materials remain subject to their own licence terms.
(c) If You require AWD to include particular documentation or materials, such as but not limited to music or videos (Third Party Materials) in the Deliverables to be provided to You; regardless of whether You or AWD are responsible for sourcing the Third Party Materials, You agree that You will be solely responsible for ensuring all necessary permissions have been obtained to enable the reproduction and use of the Third Party Materials in the manner required.
You acknowledge that You will be responsible for the following:
N/A. Client will supply.
You warrant to AWD that:
(a) AWD and You will take all proper steps to keep confidential all confidential information received from the other under these Terms and Conditions and to use such information only in connection with these Terms and Conditions.
(b) AWD and You agree not to disclose any confidential information received from the other without the other party’s consent, unless disclosure is required by law.
(a) Subject to clause 10(c), AWD makes no express warranties beyond those stated in these Terms and Conditions. All conditions and warranties implied by statute or common law, are to the extent permitted by law, expressly excluded.
(b) To the extent permitted by law, AWD excludes all liability to You for any loss or damage suffered by You or any other person howsoever arising (whether in negligence or otherwise). In particular, AWD will not be responsible for any indirect or consequential loss or damage of any kind in contract, tort, under any statute or otherwise.
(c) Where the law implies any term into these Terms and Conditions and it is prohibited to exclude or modify such terms, AWD’s liability for breach of such terms is limited to one of the following (at AWD’s option):
(d) Except where clause 10(c) applies, the total liability of AWD to You or any other person for loss or damage will not exceed in aggregate the total amount of the fees payable under these Terms and Conditions.
(e) Neither party will be liable for any delay or failure to perform its obligations under these Terms and Conditions to the extent such delay or failure is caused by an event beyond its control (Force Majeure).
(f) You will indemnify and hold harmless AWD and keep it indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by You of clause 5(c) or clause 8 or any third party claims brought against AWD concerning a breach by You of Clause 5(c) or 8.
You acknowledge and agree that AWD has the right to reproduce, publish and display the Deliverables in its portfolios and websites and to web search engines, web directories and indexes.
No amendment to or modification of these Terms and Conditions will be effective unless in writing and signed by both AWD and You.
(a) These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter contained in these Terms and Conditions.
(a) Clauses 4, 5, 6, 8, 9, 10 and 15 survive termination or expiration of these Terms and Conditions.
(a) AWD may terminate these Terms and Conditions if:
(b) You may terminate these Terms and Conditions if AWD fails to provide a Deliverable within the agreed time frame where You have provided written notice that failure to provide such Deliverable within 7 working days from the date of the notice may result in You terminating these Terms and Conditions UNLESS such failure is due to Force Majeure or a breach of these Terms and Conditions on Your part.
(c) Upon termination, You are responsible for payment for all expenses incurred and any work done up to the date of termination. Payment is due within 30 working days from the date of termination.
(d) If You have made payment in advance in respect of any fees or expenses, AWD will refund any unused portion of those fees or expenses, within 30 working days from the date of termination.
(e) Upon termination, AWD reserves the right to retain all materials produced for the Services and Deliverables.
(a) All written notices will be deemed to be given:
(i) when delivered personally, 1 hour after delivery is effected;
(ii) when sent by post, 5 working days after the date of posting;
(iii) when sent by email, upon the sender receiving back from the recipient’s email address a confirmation read receipt (including any receipts generated by automated means).
(a) AWD is not required to carry out any Web design Services not provided for in the Specification of Work unless and until a change request form has been submitted by You and agreed to by AWD.
(b) Any agreed changes will be charged by AWD on a time and materials basis at AWD’s current standard hourly rate. Such charges will be in addition to all other amounts payable under the Specification of Work and will be added to the final bill or made payable when out-of-scope costs exceed AUD$180.00, whichever occurs first.
(c) AWD may extend or modify any delivery schedule or deadlines in the Specification of Work as may be required by any agreed changes.
(a) AWD will make all commercially reasonable efforts to perform the Web design Services within the time/s identified in the Specification of Work.
(b) You agree to review Deliverables within the timeframe identified for such reviews and to promptly either (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify Your concerns or corrections to AWD. AWD will be entitled to request written clarification of any concern or correction.
(c) You acknowledge and agree that AWD’s ability to meet any and all deadlines is dependent in part upon the prompt performance of Your obligations to provide materials and written approvals and/or instructions as is relevant, pursuant to the Specification of Work and that any delays in Your performance or out of scope changes in the Web design Services or Deliverables requested by You may delay delivery of the Deliverables. Any such delay caused by You will not constitute a breach of any term or condition by AWD under these Terms and Conditions.
(a) AWD will make all commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to You.
(b) You will, within 5 working days of receipt of each Deliverable, notify AWD, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Specification of Work, or of any other objections, corrections, or amendments You wish to be made to such Deliverable.
(c) Any such written notice will be sufficient to identify with clarity any objections or amendments and AWD will undertake to make the corrections in a commercially timely manner. In the absence of such notice from You, the Deliverable will be deemed accepted.
Your Website will be built to current W3C (World Wide Web Consortium) standards for HTML and CSS, and will be tested for optimal appearance and functionality in the latest versions of the following browsers on current desktop, tablet and mobile devices.
No guarantee of the appearance or performance of Your Website is made outside of the constraints of this combination. Testing and debugging for additional browsers and/or operating systems is available at additional cost.
While Absolute Web Design takes every effort to ensure websites are built to be functional and responsive across modern devices and browsers, certain limitations exist within third-party platforms such as Wix, Squarespace, and Shopify. These platforms use proprietary templates, code frameworks, and hosting environments that may restrict full customisation of responsiveness, display, or functionality across all devices, screen sizes, and browsers.
Accordingly:
By engaging Absolute Web Design to deliver work on Wix, Squarespace, or Shopify, the client acknowledges these inherent limitations and accepts that Absolute Web Design is not liable for any responsiveness or display issues caused by restrictions, updates, or changes to the platform.
Google Analytics is set up as part of the Services, with access provided to You so You can view Your website traffic and statistics at any time.
Free support is provided during hours of (9am-2pm) for 10 working days from the date of delivery of the Final Deliverables. If during this time You have any questions, or any errors occur within the Website which is not due to changes made by persons other than AWD, AWD will fix such errors free of charge.
Site maintenance such as content or design updates or technical support relating to hosting is not included as part of the free support provided under this section.
On-going support and maintenance can be provided for the relevant fee as detailed in the Specification of Works.
On-going support and maintenance will include ensuring all plugins and versions are current; rectification of Your Website in the event of Your Website being hacked and up to ten (10) alterations to Your Website including the following:
Neither party may assign these Terms and Conditions without the prior written consent of the other.
No waiver by either party whether expressed or implied of any provisions of these terms and Conditions will constitute a continuing waiver or a waiver of any other provision of these Terms and Conditions unless made in writing and signed by the party against whom the waiver would otherwise operate.
If any provision of these Terms and Conditions is held to be invalid or otherwise unenforceable, the remainder of these Terms and Conditions will nevertheless remain in full force and effect and the invalid or unenforceable provision will be deemed not to be part of these Terms and Conditions.
These Terms and Conditions comprise the entire understanding of the parties on the subject matter contained in these Terms and Conditions and supersedes all prior agreements, proposals, understandings and discussions between the parties relating to the subject matter of these Terms and Conditions. In the event of a conflict between the Specification of Work and these Terms and Conditions, the terms of the Specification of Work will prevail.
(a) These terms and conditions are governed by Queensland law.
Services
Commencement Date: TBC
Fees
Web Design Specification
We are happy to talk them through before your project begins.
