At Northern Beaches Websites we are committed to being the fairest and transparent website design business in Australia. Please read carefully over the below information before paying your deposit. If you want any clarification of the below information please contact us and we will be glad to assist you. We are really flexible, we don’t want to be a business bound by tough rules so if the below requirements don’t work for your particular project we might be able to make adjustments to suit, but please make these requirements known before work begins!
Please also see our privacy policy so you can learn more about how we store and use data you provide Northern Beaches Websites.
- You will be given notifications in writing of any deviations from the original quote and you will be given fair time to make a decision as to whether you want to make particular changes or upgrades to your graphic/website. Please read over quoted items carefully so you know exactly what you will receive.
- The client should not make any assumption as to the products or services or any associated inclusions they will receive. It is the customers responsibility to seek clarification if necessary.
- Clients are not permitted to sell, resell, store or give away Northern Beaches Websites content or services to other parties at any time unless prior permission has been granted.
- If Northern Beaches Websites is required to employ the services of a debt collector to pursue an overdue payment, a $500 administration fee will be passed on to the client and added to the clients outstanding balance. This administration rate is subject to change and is based on fair market value of collection services and the association time to manage and handle the case by Northern Beaches Websites.
- To help advertise our products and services, Northern Beaches Websites might use your final or even concept/draft designs on our website and other advertising material. If you wish for your project not to be used in any portfolio piece or advertising material a non disclosure agreement must be presented to Northern Beaches Websites before the project begins.
- All quote amounts are valid for 30 days except 3rd party products listed which are valid for 14 days. All invoices are due within 14 days of the invoice being issued unless otherwise stated. Northern Beaches Websites will allow another 14 day grace period after this time before pursuing the services of a debt collector. Notice will be provided if an invoice isn’t paid in full. All items and amounts are in Australian Dollars and include GST.
- If paying via PayPal or credit card a surcharge to the total will be applied. If this surcharge isn’t paid Northern Beaches Websites will not begin working on the project.
- If you are located overseas you will need to pay all invoice amounts upfront. Customers located in Australia with a valid ABN and recent trade references may be eligible to pay a deposit followed by the remaining amount at the end of the project. In any other case the full amount must be paid upfront. Often we enable customers to pay pay each project stage in advance to minimise upfront costs.
- It is the customers responsibility to keep Northern Beaches Websites up to date with their contact information. If this information isn’t provided to Northern Beaches Websites services can expire which can result in data loss that may not be recoverable. Northern Beaches Websites will not be held financially responsible for any additional work required to recover lost information if it is available.
- Northern Beaches Websites reserves the right to refuse service or access to its products and services to anyone if a breach of these terms occurs or for any other reason. This includes if a customer hasn’t paid their account on time.
- Northern Beaches Websites reserves the right to cancel a customers access or account to a product or service if an account is being used inappropriately or abusively.
- When the customer supplies Northern Beaches Websites with content or if content is applied to a customers website by the customer the customer warrants that he/she has the right or a licence to use applicable trademarks or any other copyrighted material. Northern Beaches Websites takes no legal responsibility for content or material supplied by the customer.
- These terms shall be governed by the laws of New South Wales. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. Revisions to these terms will be applicable to previous contracts. Revisions will be considered agreed to by the customer upon renewal of services by the customer. The customer may not transfer this agreement without the written consent of Northern Beaches Websites
- Deposits are not refundable due to change of mind or project scope, or due to any breaches of these terms.
- Any use of the term ‘unlimited’ or any other term which signifies an indefinite amount whether it be in marketing material, verbal or in writing is subject to fair use and it is at Northern Beaches Websites discretion to refuse service.
- Although once an invoice is paid the customer retains full ownership of design work, whether it be graphics or websites. The customer is not entitled to original source or construction files used to create the works. The customer is also not entitled to technical specifications or techniques and methods used to create the works. The exception to this is for any logo design work which includes an EPS file of the logo which can be used by any designer. At Northern Beaches Websites discretion we may allow a customer to purchase construction files or technical specifications used to create their work.
- All deposits and fees paid are non-refundable after a brief is returned or a concept has been submitted to the customer or after 14 days. Refunds will be less $50 for an administration fee.
- Once any design has been signed off prior to any construction or implementation, all amounts payable for the project including outstanding invoices are payable to Northern Beaches Websites.
- Any limitations of our products or services is not a valid reason for not paying outstanding invoices or requesting a refund. Northern Beaches Websites can provide demonstrations of our products and services before purchasing and can answer any questions the customer may have.
- If a customer breaches our terms and conditions Northern Beaches Websites reserves the right to terminate any product or service immediately without any refund.
- All cancellation requests must be made in writing by sending us an email. You can find these details on our contact page. We require at least 14 days notice on any cancellations. Please note, this does not apply to WordPress plugin products, for more information about refunds for WordPress plugins, please view the WordPress Plugins tab.
- If a refund must be made via a method that incurs a merchant fee for instance an international bank transaction or a particular payment gateway, Northern Beaches Websites will pay the amount received from the customer without any compensation of the merchant fee.
- If Northern Beaches Websites is unable to complete some or all the work paid for (due to shortcomings in the offering of Northern Beaches Websites), the client is entitled to a refund of the full amount if nothing has been completed, or a portion of the amount based on what has been completed. Northern Beaches Websites has the right to determine this portion in a way that is fair and reasonable or what was stated on the written quote. If the work is considered high risk or experimental then this clause may not apply and the client will be given notice in advance of the work of such terms.
- If Northern Beaches Websites is unable to complete some or all the work paid for (due to the client requesting the work to be paused or any other delay from the clients end which prohibits Northern Beaches Websites from starting the work), then the client will be eligible for credit based on the amount in the line item of the quote. The client will have 1 year from when payment was made to be eligible for this credit. After 1 year, the work will be considered forfeited and no refund or credit will be offered. The credit will be valid for 3 months.
- Northern Beaches Websites takes no responsibility for the cost of repair of customers hacking or using their website maliciously and we reserve the right to cancel a customers service with no refund. This can includes deleting essential files through FTP. We have gone to great lengths to deliver a really secure and problem free platform so by following the instructions provided for your website you wont encounter any technical issues. We can sometimes unlock more advanced options for more in depth settings but we take no responsibility for problems that might occur from user malice.
- We will keep an original copy of your website files on a local server, but if the hosting service looses data or your website is illegally hacked we will not be responsible for any loss of data. For peace of mind against online threats we recommend taking out our off-site server backup service which is included in our annual maintenance package. For websites that might be hosted by the client, Northern Beaches Websites takes no responsibility for loss of data.
- Northern Beaches Websites is not responsible for content that contains copyright infringing material, pornography, cyber bullying or harassment or any other illegal information that is on your websites content or placed by the client on the server. This can include infringements against foreign government authorities if your website is targeted to that audience. If your website contains advertising it must comply with regulations in countries that can access your website. This may include the safe consumption of alcohol, age of consent for pornographic material, rating classifications and rules concerning prescription drugs.
- Certain content on your website is the property of Northern Beaches Websites. This includes coding, coding methodologies and theme and layout design. Permission and licensing has been sought after for any third party material which can include code licences and end user licence agreements (EULA).
- During the concept stage unlimited design revisions will be offered within the first 2 weeks on a chosen concept (this is 2 weeks from when the first concepts are sent). Northern Beaches Websites expects clients to be reasonable with this offer and it is subject to our fair use statement. Once however the design has been signed off all aesthetic and graphic changes after the sign off will be charged at $70 an hour with a minimum spend of $35. During the concept stage design retractions are not included as revisions, this is to prevent customers trying different ideas out on the go. If changes to a given concept design are to be considered more than 50% of the total concept design this will be considered a new design concept and will be charged as a new concept. A revision to a chosen concept does not involve the design of multiple variations.
- Technical support will be offered for the first year but any content addition requests or feature upgrades you will need to renew your annual maintenance and support package. The process of our website design and construction is that we design and build the website, we then hand over the instructions so you can then add on the content yourself. This is the great advantage of our system because our websites so easy to update why would you need a developer to make changes on your site, and this is why it’s so affordable.
- When providing content for Northern Beaches Websites only one set (which might be sent in a Microsoft Word document or a PDF) of content will be put onto the website. We don’t accept continuous blocks of content streaming to Northern Beaches Websites over weeks or months. Any changes to the content after the initial content has been put on the website the client is responsible for changing, or it will be billed in addition at our typical $70 an hour rate.
- As with any website, a hosting fee must be paid before the expiry period to renew your website in the coming years. It is the clients responsibility to pay Northern Beaches Websites for the upkeep of their website. We will give at least 30 days notice if your hosting is about to expire. If the hosting package does expire Northern Beaches Websites isn’t liable for the loss of data or its recovery.
- On all website designs there will be a small credit link placed in the footer area directed to the Northern Beaches Websites website. This can be removed for $120.
- If the client is providing content for the website to Northern Beaches Websites this is considered as ‘content’ and not ‘design’. For example when you send a Microsoft Word or equivalent document to Northern Beaches Websites for your website project, it is not Northern Beaches Websites responsibility to make the content on your website look identical to the document you provided. We will use our creative judgement and years of experience to optimise your content layout to suit the websites best form. We wont change the text content ever, only the layout.As a result the content you send Northern Beaches Websites doesn’t have to be designed, it just needs to be clear by the way of headings to indicate which content goes on which page. If the client requests that content looks identical to their content documents and it is feasible to reproduce on the web we can provide this service at our standard $70 an hour fee.
- We strive to be as custom and accommodating as possible during the website design process, but the web does have limits. Unlike logo designs, sometimes we can’t combine 2 or more website concepts together for technical reasons (most of the time we can). If a combination of different concepts is absolutely necessary we may be able to accommodate this but we will charge in addition to your quoted amount.
- Northern Beaches Websites may need to modify your chosen design concept slightly when building your website to ensure the design is fully web compliant. The far majority of the time this wont occur.
- When we construct your website we do require your website to be live on the internet for testing and development purposes. So although you may have purchased a 1 year hosting package your website might only be available to your customers and clients at a complete state for the hosting period minus the construction time. Construction time can vary from 1-3 weeks typically depending on the complexity of the website.
- Our design concepts can sometimes contain place holder or stock images. These images can’t be used on your final website as the licence of this media may not permit it to be used commercially. Therefore additional licence fees may be necessary. These place holder and stock images are considered to be content and not part of the core design foundation of your website.
- Every website is allocated a specific amount of bandwidth and hosting. If your usage is high you might be required to upgrade your hosting. Although we monitor your websites disk and bandwidth usage we are not responsible if your website goes offline due to excesses of usage.
- Websites that contain forms like a contact or quote form will send emails using HTTP. What this does is it allows website visitors to send you emails and it will appear as if it came from the customers email address. This is fantastic because it allows you to reply to emails directly and it will be sent to the customer. However some email servers and services prevent HTTP emails from being received as a security protection measure. If you are unable to receive HTTP emails we can setup an SMTP server on your website and this will allow you to receive these web form emails however emails will be received from one email address as oppose to your customers email address. A quote based on market rates can be provided if the setup of an SMTP server is requested.
- If you have an existing website and you want to get a new website with Northern Beaches Websites we will need to put your website into an under construction mode where a brief message will be displayed to your visitors signalling that your website is under construction. If you want to have no down time between your existing site and your new site going live this requires use of a development or staging server. Unless specified on a quote or proposal the use of a staging or development server isn’t included in standard website packages.
- Providing the client is current on their account and in accordance to all terms stated on this document, the customer has ownership of their website files. This means the customer can receive a backup of their website server for whatever purpose. Northern Beaches Websites is a custodian of the customers files and server and we always strive to follow an open ‘no-lock-in’ approach to everything we do.
- Northern Beaches Websites provides a managed solution, that means certain features of a content management system that we may use may be locked down for security and quality purposes. Unless otherwise stated, we don’t provide access to these features. If you have expectations of certain things you need or want to edit, this should be stated upfront so there’s no miss-understanding.
- Northern Beaches Website’s can’t guarantee requested domain names will be available please check with us to find out whether your domain name is available.
- For .com.au domains a valid and active ABN is required.
- As with any website a domain name fee must be paid before the expiry period to renew your website in the coming years. It is the clients responsibility to pay Northern Beaches Websites for the upkeep of their domain name. It is the clients responsibility to inform us if their contact information changes. We will give at least a fortnights notice if the domain name is about to expire. If a domain name does expire it will become publicly available for others to register and Northern Beaches Websites takes no responsibility for the loss of a domain name.
- During the concept stage unlimited design revisions will be allowed within the first 2 weeks (this is 2 weeks from when the first concepts are sent) on a chosen logo or graphic design. Northern Beaches Websites expects clients to be reasonable with this offer and it is subject to our fair use statement. Once however the graphic design has been signed off all aesthetic changes after the sign off will be charged at $70 an hour with a minimum spend of $35. During the concept stage design retractions are not included as revisions, this is to prevent clients trying different ideas out on the go. If changes to a given concept design are to be considered more than 50% of the total concept design this will be considered a new design concept and will be charged respectively. A revision to a chosen concept does not involve the design of multiple variations.
- All graphic designs remain the property of the client, not Northern Beaches Websites. This change of ownership from Northern Beaches Websites occurs once the client has paid the full project fee.
- It is the clients responsibility to check the artwork to ensure it is satisfactory. Northern Beaches Websites will not be liable for any spelling errors or incorrect grammar when content is provided by the client or by Northern Beaches Websites after it has been signed off.
- Depending on the type of graphic project, we may require that you sent the contents of the graphic to Northern Beaches Websites before we begin any design work. After this initial content has been incorporated into the design any changes to the content required by the client will be charged at our regular $70 an hour fee with a minimum spend of $35. These changes include in-text changes and not changes as a result of the design. For example if you want to change the phone number after the design concept has been finished this would be considered an in-text change and will be charged. Northern Beaches Websites is not responsible for checking and correcting spelling errors in content provided by the client. Proofreading and editing is a seperate service and is not included by default. Correcting spelling errors is considered to be an in-text change and is subject to the above fees.
- Whilst Northern Beaches Websites tries to design any graphic project with maximum compatibility in mind, we can’t guarantee the clients requirements of our work will be satisfactory especially if the client hasn’t mentioned how they will utilise the work. This could include what system they are viewing the work on, what program they are going to use to edit the work or what printer they are going to use to print the work etc. We live in a highly technical and complex world and not everything works with everything else and certain things have certain constraints which are beyond our control. Please don’t make any assumptions on our knowledge of your requirements, please tell us your requirements clearly at the start of the project so we can ensure maximum compatibility. Northern Beaches Websites will not be held responsible in any way for clients not disclosing their specific requirements.
- For any print projects please ensure you study carefully the provided print proof. You should check all colours, type and content before approving the artwork. Northern Beaches Websites will not be responsible for poor quality printing or any errors in the artwork or design specification.
- It is the customers responsibility to setup, manage and maintain 3rd party accounts when necessary as sometimes Northern Beaches websites is unable to act on behalf of the customer due to the sensitivity of the information. Northern Beaches Websites is not responsible for any changes of fees or terms provided by 3rd party payment gateways and other integrated systems. These services and contracts are to be set up in the customers name and are only a contract between the customer and the 3rd party.
- Northern Beaches websites may need access to 3rd party payment gateway platforms for testing and setup purposes.
- 3rd party payment gateways charge a transaction fee as a compensation for their services and this is deducted automatically from the transaction. For more information on these current fees, please contact us.
- If you are going to accept credit cards directly on your website you may need a bank PSP or Payment Service Provider account with your bank (this is normally associated with a merchant bank account). There may be associated setup, re-occurring and or even additional transaction fees depending on your designated bank. You will be responsible for managing and maintaining your bank merchant account.
- If you would like to take out our PPC package a valid credit card, bank account or BPay facility is required in the clients name (or business name) as a funding source on your account. The funds on your account will be managed by Northern Beaches Websites. The payments made to Google for the advertising service are between Google and your business and is subject to the terms and conditions of Google Adwords which can be found here: https://support.google.com/adspolicy/answer/54818?hl=en-AU. Northern Beaches Websites has no participation or liability in your agreement with Google. This means any debt that you may have with Google, Northern Beaches Websites has no responsibility or liability to cover your debt.
- For PPC campaigns, Google will respect your daily budget which you provided to Northern Beaches Websites. Payments to Google are made once your account threshold amount is achieved or at your monthly billing period. If one day in the month you do not hit the daily budget, Google will use this remainder and allocate it to future days in the month so over a months period there may be some days where you spend more then your daily budget but on balance you will be under the daily budget when averaged out over the month.
- Like any other company, Northern Beaches Website can’t guarantee your position or ad rank on 3rd party websites like Google as these companies are responsible for their services and it is unknown what the competitive landscape in the future will entail. We make no guarantees around our SEO services, we can only present the historical success of these services and it’s the customers responsibility to assess the value Northern Beaches Websites delivers.
- No refund will be offered if the client is not satisfied with the performance of Northern Beaches Websites PPC or SEO services. If you are not satisfied with our plans you are welcome to cancel the plan after 3 months without any penalty.
- For all online marketing plans, the first 3 months need to be paid in advance and then it will be month to month.
- If a client wishes to cancel a PPC or SEO plan they must communicate this a month in advance.
- If the client wishes to cancel a plan and they have not paid for the current month of work, the customer is entitled to pay a pro-rated amount of the work done in the current month.
- For any plans, whether they be SEO or PPC, Northern Beaches Websites has the right to withhold client access to any associated accounts until the customers account is financially up to date.
- Northern Beaches Websites are custodians of any customer accounts, however under our custodianship we reserve the right to control access to the client for any accounts. Northern Beaches Websites is under no obligation to provide specific levels of access to any accounts whilst we are managing the account.
- A cancellation needs to be confirmed by both parties before the cancellation is made official that way both parties have clarity the cancellation has actually been fulfilled and the client understands the consequences and ramifications of cancelling a plan.
- None of our monthly plans can be put on hold/paused. Plans can only be cancelled and restarted again.
- Northern Beaches Websites reserves the right to adjust the pricing of any plan. You will have the opportunity to accept or reject adjusted pricing.
- Due to the way Hotmail treats spam emails, which is far more aggressive than other email services, we can’t guarantee delivery of emails to @hotmail.com email addresses. This is not due to any lack of functionality or standards compliance of the email accounts we provide and has everything to do with Hotmail’s functionality. The same can be said for any other email system on any service.
- The storage of your emails utilises the same hosting as your website. So if additional email storage is required it requires an upgrade of your hosting plan which incurs additional cost.
- All amounts advertised are in United States Dollars USD.
- The use of some of our plugins may require other products and services. For example, our GoToWebinar plugin requires a paid GoToWebinar account, our Pardot plugin requires a paid Pardot account, our ServiceM8 plugin requires a paid ServiceM8 account, all our Gravity Forms plugins require Gravity Forms which is a premium plugin. Some of our plugins integrate with 3rd party services which you may use. All these external products/services are NOT included as part of the plugin. We are selling our plugin which connects to your existing accounts and services where applicable. The customer is responsible for the purchase and upkeep of these products/services, they are not included in your plugin purchase!
- The licence is valid for 1 year, this means you get 1 year of updates if required. After this point you may renew the licence to get further updates at the same cost. We currently don’t provide upgrade discounts.
- Basic support is provided for our plugin products which includes assistance for setting up the plugin and how to use it only. For customisations or the actual setup of the plugin on your specific site this requires additional support which can be purchased. By purchasing one of our plugins you should understand the basic workings of WordPress, this includes how to install, activate, de-activate plugins etc. The support doesn’t include teaching you the basics of WordPress. Support is only provided in English. If you have made customisation to the code of the plugin we may refuse support as your code base is not what has been released or tested for.
- Although our plugins have been developed with best practice in mind, the plugin doesn’t guarantee compatibility with other plugins. Some of our plugins have free versions available so you are welcome to try these out to test any compatibility issues or feel free to contact us and we can look into it. The plugin is only tested with Chrome and Firefox.
- A refund will only be offered within 30 days if there’s a demonstrable and unresolvable issue with the plugin. You must also grant us FTP or admin access to your website (or some form of access which gives us the opportunity to see the issue first hand) so we have the opportunity to resolve the issue. We must have sufficient and reasonable time to check your environment and resolve any issues. A refund will not be offered for any other reason including a change in mind or if your expectations of the functionality differ to what is advertised. We will happily answer any pre-purchase questions you may have to ensure your expectations are met! Please note, technical issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund. Refunds will be offered at our sole discretion. By purchasing plugin(s) from our site, you agree to this refund policy as stated in these terms and conditions and relinquish any rights to subject it to any questions, judgment or legal actions. We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.
- It is advised to have the latest version of WordPress installed and a theme activated that follows theme design best practice.
- The plugin is licensed to be used on the licence type purchased. For example if a “1 Site” licence is purchased the plugin can only be used on 1 website/domain. If you need to use the plugin on more than 1 website/domain please purchase multiple instances of the plugin or buy an “Unlimited Sites” licence.
- The plugin must not be resold or re-licensed without the explicit permission from Northern Beaches Websites.
- Northern Beaches Websites reserves the right to terminate the licence at any time without warning and without compensation if Northern Beaches Websites believes a customers has acted dishonestly, has breached prior arrangements or agreements discussed in pre-purchase questions, breached licence terms or any illegal behaviour.
- Certain plugins require the use of external API services, for example our GoToWebinar plugin connects to a range of CRM and email marketing services and our AutoSocial plugin connects to a range of social networks. Our plugin in these instances are beholden to the existence and upkeep of these external API services. We have no control or influence over these services. If an external API service were to shut down or limit it’s functionality and this should affect our plugin in a way that reduces the utility of the plugin for you, we do not offer any refund or compensation for this. If this should occur within 30 days of your purchase you will be able to claim a full refund as per the terms set out above. We apologise for any inconvenience this may cause but it is never our desire for such an event to occur.
- If our plugins should cause you or your company damages like loss of data for example we will not be held responsible for this. We recommend regularly backing up your WordPress website to mitigate any risks that may be caused by our plugin (or any other system or process on your website for that matter). So far we are proud to say that such an event has not occurred before and we will do our upmost to prevent such an occurrence.
- Our plugins have been tested in a typical hosting environment on Apache or Nginx servers. Our plugins are only tested with WordPress.org not WordPress.com. Our plugins are tested on Chrome and other webkit based browsers and Firefox. Our plugins are tested on PHP version 7 and above and WordPress version 4 and above. We can’t guarantee the functionality of our plugins outside of this environment. If you should require compatibility in a different environment we can provide an estimate for any changes necessary based on the time to complete the task(s). We reserve the right to refuse a refund or compensation if your non-tested environment should cause certain functionality of the plugin to not work.
- The current referral program expires on 30/11/18. At this time our referral program may be extended.
- You are eligible to receive as many discounts as you refer, there is no upper limit on the amount of referrals.
- To be eligible for the program you must receive an invitation email from Northern Beaches Websites which will contain your referral code.
- You and your referral are only eligible for 1 discount for the connection. For example if you refer a person and their project is worth $1000 and then they undergo another 2 projects for $2000 and $1000 then you will only receive a referral discount for the first project that is eligible for the discount.
- Only projects that are over $500 are eligible for referral discounts.
- A referral is only considered a referral once the project has been delivered and the invoice has been paid by the person you have referred.
- The referral code must be presented to us by the referred person before their project starts.
- A referral can’t include immediate family members or colleagues that are part of the same organisation as you.
- Credit you receive from the referral program can only be spent on items which don’t involve the purchase of 3rd party services which includes things like hosting, domains, printing etc.. Credit can’t be redeemed for cash.
Terms & Conditions Agreement
Northern Beaches Websites makes it a requirement to agree to these terms and conditions before any contract work commences. This agreement is done whilst completing the project development form for your project (we will prompt you when to complete this form).
If you are making a purchase on our online shop you will agree to these terms by checking the checkbox on the checkout page when submitting your order.