Client Obligations
You must follow all instructions provided by Web Bird Digital and provide to Web Bird Digital, in a timely manner, all information and materials requested by Web Bird Digital. All content must be provided in the format specified by Web Bird Digital. Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.
The instructions provided by Web Bird Digital as to information and materials that you are to supply are designed to ensure your site is completed on time and within the specifications agreed upon. Noncompliance with these instructions will cause delays in delivery of your product and may result in you incurring additional costs.
At times Web Bird Digital may request domain name and hosting information from you. Once this information is received by Web Bird Digital, Web Bird Digital may re-delegate the domain name so that it points at Web Bird Digital’ servers or replace or delete files on your hosting account as needed in order to complete your project. You authorise Web Bird Digital to undertake these steps. Such activities may cause disruptions to your existing website, email and other services. If you have any special instructions or requirements regarding this, please advise Web Bird Digital immediately.
Once your site is handed over to you, any further work or changes will result in you incurring additional costs. It is your responsibility to check that the site is to your satisfaction prior to handover. Once the site is made live, you must check any functionality (e.g. checkout and payment processes) to ensure your site visitors experience the site the way you intend.
If you are expecting any large spikes in your web traffic, you must inform Web Bird Digital as soon as practicable so that Web Bird Digital can assess any potential impact on its infrastructure and other clients. Any conduct that endangers the web hosting services provided by Web Bird Digital to other clients will result in your site being suspended. This includes, but is not limited to, undertaking activities such as mass mail outs which can cause disruption to Web Bird Digital sever.
Supply of Materials
You must supply all materials and information required by us to complete the work 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.
Web Bird Business Theme Package
The Web Bird Business website strategy is a Web Bird Digital designed business theme. It is a predesigned and developed theme. Any changes to the layout of the templates for this pre designed theme are not included in this package and any alterations to the layout will be charged for. Included in this package are menu tags and setup of associated pages, Logo placement, image placement and slideshow setup, content uploads and layout for up to 8 pages, changes to fonts and colours based on your branding, Up to free 4 Stock images, server setup and launch.
Fees
The total cost of your project and any fees are set out in the quote provided to you by Web Bird Digital, the scope of work and any ad hoc quotes that may be provided to you by Web Bird Digital from time to time.
You must ensure that you are aware of any costs and ongoing fees before you elect to proceed. Any monthly fees attached to your project must be paid in full in order to ensure your service continuity. Your site may be suspended or discontinued if your fees fall overdue outside of Web Bird Digital payment terms.
Your initial website consultations are included in your quoted project cost and form part of your deposit. If you do not decide to proceed with Web Bird Digital, you will not be liable for this cost.
Web Bird Business Theme Package Fees
Web Bird Digital’s standard payment terms for theme packages are as follows:– $1995.00 will be required as an upfront payment in order to get your project started.
This also includes the cost of your initial website consultations. This also includes up to 10 pages of content uploads and layout (content supplied by you in requested format by Web Bird Digital)
Any further expenses incurred including additional requested development work, content uploads, stock images (over the first four free one included in your package) will be invoiced at the end of the project and just prior to launching your site.
Your final balance payment much be made upon completion of your site (before going live) or within 31 days from the date that your initial deposit was made – whichever occurs first.
Content Management System fees and other monthly fees are to be paid by way of monthly payment.
If you require Web Bird Digital to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with Web Bird Digital standard prices as quoted. All work must be paid for upfront and will be quoted for on request.
Project delays and client liability
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During the project 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.
Warranty by you as to the ownership of intellectual property rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Licensing
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
Consequential Loss
We shall not be 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.
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 you are excluded. Without limiting the above, to the extent permitted by law, any liability of Web Bird Digital 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.
Intellectual Property
All intellectual property rights (including rights in relation to patents, trademarks, moral rights, service marks, rights in design, database rights, application for any of these rights, copyright, trade or business names or other similar rights or obligations whether they are able to be registered or not in any country) in respect of any proprietary software owned or used by Web Bird Digital in the creation of your site or which are created (either now or in the future) by Web Bird Digital, or which result from the engagement of Web Bird Digital to create your site shall remain the property of Web bird Digital.
This includes specifically all copyright in any design, code or document created or any discoveries made in the course of the creation of your site, which shall, upon creation, vest in and be the exclusive right and property of Web Bird Digital. Upon payment in full of all monies owing to Web Bird Digital, you shall be granted a license to use all such intellectual property however you acknowledge that the license does not constitute an assignment of any such intellectual property rights in any proprietary software either owned or used by Web Bird Digital.
Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Non-Disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Additional Expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Ownership of Domain Names and Web Hosting
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
Cross Browser Compatibility
By using current versions of well supported content management systems such as WordPress, we endeavour 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.
Web Hosting
Server Uptime and Usage (Web Hosting): Web Bird Digital uses industry standard server hardware and software. Web Bird Digital works to minimise any downtime and endeavours to provide an uninterrupted service at all times. Notwithstanding this, you acknowledge that the web hosting service of Web Bird Digital relies on factors outside of its control and accordingly Web Bird Digital does not accept any responsibility for any losses incurred for any down time. Unless otherwise specified in writing, you are limited to 10GB per month of bandwidth and 5GB of disk space per website that you have hosted with us. Hosting plans can be upgraded (generally an additional $20/month, ex. GST) to double the bandwidth and increase disk quota by 5GB.
A website hosting package will be automatically upgraded to the next plan for any of the following reasons: where it exceeds it’s disk quota, where it exceeds it’s bandwidth quota for two consecutive months, where it exceeds it’s bandwidth quota by more than 50% (ie. using 150% of it’s quota) or, where it exceeds 90% of it’s bandwidth or disk quota and is within 3 months of launching or being migrated to our hosting service.
While Web Bird Digital makes incremental and full scheduled backups of its servers, Web Bird Digital does not guarantee that any lost data will be recovered. Additional charges may be incurred where you request Web Bird Digital to attempt to make recoveries of lost data.
You acknowledge and agree that Web Bird Digital may at any time vary the terms upon which it provides web hosting services by providing you with 30 days written notice.
Malicious Software
Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website and Web Bird Digital will endeavour to protect it from this as much as we can during its creation and while be hosted on our servers. However, we cannot be held responsible for problems that develop on completed sites as a result of illegal activity.