The Web Design People‘ Terms & Conditions

Definition of our terminology as used within this document:

1. 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 Client.
2. A 'Client' is a person, persons, business or organisation using any of the services provided by The Web Design People‘.
3. 'Live Mode' means the date the website is available on the Client’s chosen domain.
4. 'Domain' is the website address as specified by the Client.
5. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
6. 'Hosting' is a yearly cost to keep a clients website actiivate and  online.
7. 'Content' is both text and images that the Client requires on the website.
8. 'mb' stands for megabytes and is a measure of storage space.

The Web Design People‘ Terms & Conditions

1. 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.
2. The works to be carried out shall be as set out in ‘The Web Design People‘ confirmation order email.
3. 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 days.
4. 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.
5. 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.
6. Level 1 Flash animation refers to 3 hours of Flash development time on the clients website by The Web Design People‘.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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‘.
13. 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 engines.
14. 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.
15. It is the Client’s responsibility to check with The Web Design People‘ whether Open Source Software is being used or not.
16. 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.
17. 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.
18. 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 Client.
19. 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/ domain.
20. 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 creative brief.
21. 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 renewal.
22. 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 this.
23. 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.
24. 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.
25. 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.
26. '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.
27. 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.
28. '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.
29. 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 website.
30. 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'  .
31. ‘ 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 methods.
32. ‘ 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 and effect.