The Web Design People‘ Terms & Conditions
Definition of our terminology as used within this document:
A 'Project' is any work undertaken or service provided by The Web Design People‘ for the
Client on their request and as described in our confirmation order email to that
A 'Client' is a person, persons, business or organisation using any of the services
provided by The Web Design People‘.
'Live Mode' means the date the website is available on the Client’s chosen
'Domain' is the website address as specified by the Client.
'Open Source Software' is software made freely available to anyone under the GNU General
Public License (GPL).
'Hosting' is a yearly cost to keep a clients website actiivate and
'Content' is both text and images that the Client requires on the website.
'mb' stands for megabytes and is a measure of storage space.
The Web Design People‘ Terms & Conditions
The contract between The Web Design People‘ and the Client will be on these conditions, to
the exclusion of all other terms and conditions. Any variations to these conditions shall
have no effect unless agreed in writing.
The works to be carried out shall be as set out in ‘The Web Design People‘ confirmation
Email will be the method of contact with regard to all communication. Although The Web
Design People‘ can be contacted by telephone, we will use email as our method of
communication and therefore it is the Client's responsibility to inform us of any change in
email address so we always have up to date email contact details. The Web Design People‘
cannot be held liable in any way relating to communication issues if we are not supplied a
valid email address. The Web Design People‘ will acknowledge all emails within 3 working
The Web Design People‘ will only commence work on a Project after receipt of a non
refundable, 50% booking fee for the quoted Project fee from the Client. The Web Design
People‘ will also require 25% payment upon overall approval of the home page design. The
final 25% payment is to be made on completion of the website. The website will be switched
to Live Mode once the Clients remaining balance is paid in full.
The booking fee paid to The Web Design People‘ covers the cost of design work
carried out as well as any admin work and communication with The Web Design People‘.
The booking fee is non refundable.
Level 1 Flash animation refers to 3 hours of Flash development time on the clients website
by The Web Design People‘.
The Web Design People‘ shall expect the Client to carry out sufficient research before
proceeding with a website. This will include checking that the website/idea/business will
operate legally. It is important that the website is not in any way illegal.
It is important for the Client to keep in contact with The Web Design People‘ throughout
the entire Project. If a Client does not make contact for 1 week we will make up to 5
attempts to contact the client by email using the email address specified when the client
went ahead. If we do not receive a response to these attempts of contact the Project may be
terminated, and the booking fee will not be refunded.
Where images used on the website have been purchased by The Web Design People‘ on behalf of
the Client, these images are strictly for use on the website only. The Web Design People‘
are not liable for misuse of these images by the Client or any other person’s copying,
altering or distributing the images to individuals or other organisations.
The Web Design People‘ will host the website if the Client requires us to do so and on
receipt of full payment of our Hosting fees. In doing so, The Web Design People‘will
endeavour to provide a reliable and professional service to the Client at all times but do
not guarantee that the website Hosting will be available at all times, especially in the
event of a technical failure beyond our control.
All hosting offered by The Web Design People‘ is limited to 200mb of website space unless
otherwise stated in a seperate contract. If your site requires more than 200mb of space we
will advise of other hosting solutions and then cease hosting the site.
The Web Design People‘ cannot be held responsible for anything adversely affecting the
Client's business operation, sales, or profitability that might be claimed as a result of a
service offered by The Web Design People‘.
Where asked to provide search engine optimisation (SEO) for a Client, The Web Design
People‘do not guarantee any specific placement or high ranking on search
The Web Design People‘ will provide the Client with an expected completion date for the
Project (live on the internet) if requested. The Web Design People‘ will endeavour to meet
any given deadline, but do not guarantee and are not bound in any way to complete the
Project by this date. The expected completion date provided by any employee of The Web
Design People‘ is purely an estimate.
It is the Client’s responsibility to check with The Web Design People‘ whether Open Source
Software is being used or not.
The Client shall not be charged for Open Source Software. If there is a charge for a
website using Open Source Software, the Client is paying for the installation time. Open
Source Software is not owned by The Web Design People‘ or the Client.
The Web Design People‘ own all design and code of the website until final payment has been
received in full. Once final payment is received, the Client will then own the design and
code of the website, unless Open Source Software is used. Images will have been purchased
by The Web Design People‘for the Client, unless the images have been supplied by the
Client. Images purchased by The Web Design People‘ are licensed only for use on the client
website and are limited to no more than 20 images dependent on the size of the project.
Item 17 is subject to item 16.
All images displayed on the Client's website will only be used after authorisation by the
Client, and are the sole responsibility of the Client regarding usage and copyright. Should
any legal issues or claims arise from the content or copyright of any images supplied by
the Client or The Web Design People‘, they will be the sole responsibility of the
Domain names will be registered by The Web Design People‘ and also registered to ‘The Web
Design People‘ current address. Although the domain names are registered to The Web Design
People‘, the Client is the legal owner of the domain and if they request to have details
changed or the domain transferred elsewhere, 'The Web Design People‘ will do this within a
reasonable timeframe and at same cost which it costs us. Currently $220/
A domain name will be registered by 'The Web Design People‘ on behalf of the client once we
have received the 50% deposit, 25% design payment, 25% final payment and a completed
It is the responsibility of the Client to renew their domain names when due. If a domain
name expires, The Web Design People‘ can not be held liable for this. However, The Web
Design People‘ will make reasonable effort to contact the Client regarding domain
When a Client renews Hosting with The Web Design People‘, this also includes domain renewal
if the renewal is needed to keep the site functioning and was purchased as part of the
Hosting package. If the Client does not renew the Hosting, their domain name could be made
available to the public for purchase and The Web Design People‘ can not be held liable for
Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the
date the website was ordered by the Client. The Hosting will not be renewed if The Web
Design People‘ cannot contact the Client or the Client requests for The Web Design People‘
to not host this site. This will also affect the domain as per item 22.
The Hosting renewal charge must be received within 10 days of the Hosting expiry date. The
Web Design People‘ reserve the right to deactivate any website where the Hosting has
expired and the Client has not paid the renewal charge. There will be an admin fee of $200
+ GST by The Web Design People‘ for reactivating the website/Hosting.
If the Client does not use 'The Web Design People‘ Hosting services, then the management
and Hosting of the Domain name are the full responsibility of the Client.
'The Web Design People‘ will provide 1 years free hosting providing the client pays
their booking fee payment within 48 hours. If the deposit payment is not received
within 48 hours then The Web Design People‘ reserve the right to charge $30+GST per month
payable in advance for 1 years hosting of the clients website.
Should a Client wish to move Hosting away from 'The Web Design People‘or transfer a Domain
name away from The Web Design People‘, a $50+ GST admin charge will be issued, which must
be paid before the transfer takes place.
'The Web Design People‘ has no control of, or responsibility for, the content of Clients’
websites. In no way does the textual or image based Content of our Client's web sites
constitute The Web Design People‘ endorsement, or approval of the website or the material
contained within the website. The Web Design People‘ has not verified any of the materials,
images or information contained within our Client's web sites and is not responsible for
the content or performance of these sites or for the Client's transactions with them. The
Web Design People‘ provides links or references to our Client's websites solely for the
convenience of prospective customers and intends that the links it provides be current and
accurate, but does not guarantee or warrant that such links will point to the intended
Client site at all times.
The Web Design People‘ are not liable for loss, damage or corruption to files or
information stored on its servers or individual PCs relating to a Client's website. The
Client is solely responsible for any information or files relating to its
If a Domain name is purchased by the Client through a company other than The Web Design
People‘, the Client has full responsibility in making sure that the domain name is renewed
when due. '
The Web Design People' will not renew the Domain name when annual Hosting renewal is
due if the Domain name is purchased through a company other than ‘'
The Web Design People' .
The Web Design People’ will take a 1.9% service charge payment on any payments
received using a credit or debit card. If this is not acceptable to the client, we also
accept PAYPAL, MONEYBOOKS, CLICK2SELL and Cheque as an alternative payment
The Web Design People’, makes no claims that the contents of this website may be
lawfully viewed or downloaded outside Australia. Access to this website may not be legal by
certain persons or in certain countries. If this website is accessed from outside of the
Australia, it is done at own risk and the visitor is responsible for compliance with the
relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are
governed by the laws of Australia. Jurisdiction for any claims arising in respect of this
website’s Content shall lie exclusively with the courts of New South Wales, Australia. If
any provision of these terms and conditions is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these terms and conditions, which shall remain in full force