We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.
What do both parties agree to do?
You: You agree that you have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You will give us all the information that we need to complete the project. You will review our work and provide feedback in a timely manner. You will confirm your approval of the work at each stage and when completed. Deadlines work two ways, so you’ll also be bound by dates that are set. You also agree to stick to the payment schedule set out in this agreement.
Us: We agree that we have the experience and ability to do the work. We will endeavour to meet every deadline that is set and on top of that we will maintain confidentiality with regard to all aspects of the project.
Getting down to the nitty gritty
We create designs that adapt to the capabilities of most commonly used web browsers and mobile devices.
You are responsible for writing and providing all text content to us, unless otherwise agreed in writing.
Photographs and images
You must supply graphic files in an editable, vector digital format (which we can explain to you if necessary). You must supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.
We deliver WordPress templates and plugins developed with:
- HTML5 markup,
- CSS3 stylesheets for styling
- and PHP code
Together these elements form the “website”.
We can show you what we mean by each of these terms
Browser testing means ensuring that a design is appropriate to the capabilities of the browser or device upon which your website is being viewed.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by:
- Apple (Safari),
- Google (Chrome),
- Microsoft (Internet Explorer 9 & 10),
- Mozilla Firefox.
Our designs do not support design for Internet Explorer 8 and below for Windows. We will not test in older browsers unless you have instructed us to do so.
Mobile browser testing
Testing popular small-screen devices is essential in ensuring that the consumer’s experience of a design is appropriate to the capabilities of the device being used. We test our work in:
- iOS: Safari, Google Chrome
- Android 4.1: Google Chrome, Firefox
We have the capacity, but do not test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers.
Changes and revisions
We know from experience that fixed-price agreements are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this agreement is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
Text and image content revisions
After we insert your content into the website you have two (2) opportunities to request updates to the content. You must clearly indicate what changes you require us to make and supply the changes to us
After these two updates we will charge you an hourly rate to make revisions to:
- Text content
- eCommerce product details including (but not limited to)
- Product name
- Product description
- Weight & dimensions
- Shipping details
- Product attributes
- up sells, cross sells and linked products
- product digital downloadable content
Make sure that you get all of your content ready, proofread, and spell checked before you give it to us. Because then you can use your two revisions effectively to get the best result for your website.
You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them.
When your final payment has cleared, copyright will be automatically assigned as follows:
- You will own the visual elements that we create for your project. We will give you source files and finished files, which you should keep them somewhere safe.
- We love to show off our work and share what we’ve learned with other people. We retain the right to display and link to your project as part of our portfolio. We may write about it on our website or in magazine articles and books.
- You indemnify us against any claims in respect to breach of copyright.
Open Source Software Licenses
We build websites on the WordPress platform which is licensed under the GNU Public License (GPL 2.0 license). You can read the GPL on the WordPress.org website. All themes and plugins written for you to run on WordPress inherit the GPL 2.0 license as set out in that license. Therefor you may not take any code developed for your project and do anything that is expressed contraindicated by the GPL 2.0 license. You are entitled to and have complete access to all source code for your website, plugins or other GPL licensed code associated with the work we undertake for you.
Limitation of liability
We do not guarantee that our work is error-free. We are not liable to you or any third-party for any damages, no matter how caused. You indemnify us against any third party claim.
If any provision of this agreement is unlawful, void, or for any reason unenforceable, then that provision is severable from this agreement. This does not affect the validity and enforceability of any remaining provisions.
In other words, to use the jargon of lawyers – In no event shall we, our employees, consultants, officers or directors be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, regardless of whether we knew or should have known of the possibility of such damages. In no event can our total cumulative liability, including lawyer’s fees, exceed the fees that have been paid to “Nuttify Pty Ltd.” under the terms of this agreement.
No warranty express or implied
We agree that our work has been done in accordance with your instructions.We are not agreeing that the work is suitable for the purposes that you intended.
When you are supplied with a quote we will deliver the work within the bounds of the quote. Unless:
- You request work outside the agreed deliverables and
- We provide you with a written quote for the delivery of the new deliverables
- You accept the new quote and pay for the additional deliverables
Quotation and estimate terms & GST
All prices are estimated and quote exclusive of GST
When you are supplied with an estimate work will be undertaken at an hourly rate, and should your directions lead to work over and above the estimate that we provided to you, we will inform you in writing and invoice you for the additional work. Estimates are not final prices, they are estimates of the cost of the work you have requested us to undertake.
Once paid, all deposits and first payments for projects to which you have agreed in writing to proceed with are final and non-refundable under any circumstances.
Payment of your deposit, or first payment for a project, indicates agreement to these terms and conditions.
If you pay us late, we are entitled to charge interest on the late fees calculated in accordance with the Penalty Interest Rates Act. You will also be required to pay any recovery fees including lawyer fees, court costs, or any other fees associated in retrieving our fees. Payment is not finalised until all fees including those for late payment have been paid.
Nuttify Champion Support & Champion SEO
Nuttify Champion Support & Champion SEO services are provided on a month-by month basis with a minimum term of 12 months unless otherwise agreed in writing.
Payment for Nuttify Champion Support & Champion SEO
Payment for Nuttify Champion Support & Champion SEO is on a monthly basis via the nuttify.com website or by recurring invoice. For Nuttify to provide you with Champion Support & Champion SEO services you must be paid in full for the current month that the activities are due to be undertaken.
Fees for Google Adwords – Pay per click (PCC) advertising are not included in your monthly fee to Nuttify and must be paid for in addition to fees for Nuttify Champion Support & Champion SEO.
Fees for Facebook advertising are not included in your monthly fee to Nuttify and must be paid for in addition to fees for Nuttify Champion Support & Champion SEO.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this agreement to anyone else without our permission.
Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of the State of Victoria, and the Commonwealth of Australia. Any litigation will be determined within Victoria by the courts of Victoria.