17.1 A payment of an advance fee, deposit fee or payment online is deemed an acceptance of our terms and conditions, a copy of which is available via our website any time.
17.2 Charges for the services to be provided by Denlyn Computers are defined in the project quotation that Customer receives via e-mail, post or verbally. Quotations are valid for a period of 30 days. Denlyn Computers reserves the right to change and edit the quotation after expiry of the 30 days.
17.3 Charges and payments quoted by Denlyn Computers require advance payment;
(a) Minimum of fifty (50) percent of the project quotation total before the work is commenced and submitted to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to the project being set live on their web host. Charges for the project does not cover sources such as JPG, JPEG, GIF, PNG, FLA, MPEG, MP3, MP4 etc etc. Such sources are classed as image or media and belong to the intellectual rights owner. If such sources are provided by Customer, all intellectual rights belong to Customer. If no sources are supplied by Customer, it is Customers responsibility to remove such sources and replace with their own sources.
(b) Payment for services will be carried out by cash, cheque or direct deposit. Cheques will require clearance before work commences
Items in a quotation provided by Denlyn Computers are fixed price based on requirements and information provided. No extra charges will be incurred to complete any quoted items unless further requirements or information is provided to Denlyn Computers by Customer which significantly changes the quoted item. Any extra charges will be quoted to Customer prior to commencement of the quoted item.
17.4 Where consultations are required between Denlyn Computers and Customer, charges may apply. Consultations which occur at Denlyn Computers or by telephone, consultations are free of charge. Consultations which are required to take place at Customer's premises may incur a consultation fee. Any consultation fees which may incur will be advised prior to a consultation.
17.5 Denlyn Computers will provide Customer with regular updates and reviews for layout and appearance of the website design. If Customer is unable to visit Denlyn Computers, Customer can view the work in progress, on the designated website chosen by Denlyn Computers. Once finalised and approved by Customer, Customer’s website will not be amended without additional cost to the Customer. At the completion of the contract, such materials will be deemed to be accepted and approved unless Customer notifies Denlyn Computers within ten (10) days of the date the materials are made available to the Customer, for any errors.
17.6 Completion time will be done at the discretion of Denlyn Computers. All reasonable efforts for completion will be provided for Customer by the agreed date. Denlyn Computers reserves the right to change such completion dates. Denlyn Computers may request Customer to delegate a 'First-point-of-call' to aid in the design of the website where Customer has full knowledge of what is required. During the contract, Denlyn Computers will require the Customer to provide text copies and content images. If no images or media is supplied, Denlyn Computers will use copyright material to keep within the completion date. (refer section 17.3)
Under the method of payment (refer section 17.3), if content is not provided within two (2) weeks of an official request by email, Denlyn Computers reserves the right to advise Customer of a revision to the final payment fee based on new or revised pricing schedules. If content is not provided within eight (8) weeks from the original email request, then Customer is considered to be in default and the contract will be terminated and the Customer refunded excepting for work already done. Final invoice sent is for immediate payment. Denlyn Computers reserves the right, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the new deposits have been paid.
17.7 Any additional items, pages or other features requested by Customer to be included in an already quoted or invoiced contract will be assessed by Denlyn Computers. If agreed upon such invoice will be done separately and payment to be made straight away as it falls outside of the current contract.
17.8 Termination of services must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured. Upon termination of services, refunds will incur a 10% cancellation fee and payment deducted for work carried out on the contract. Deductions on the refund will be based on the standard rate of payment deemed by Denlyn Computers.
17.9 Any and all designs, files, layouts and other items related to Contract is the property of Denlyn Computers until paid in full. Ownership of contract is transferred from Denlyn Computers to Customer upon final payment of Contract.
17.10 After full payment has been made, Customer retains the copyright to data, files and graphic logos provided by Customer. Customer must obtain permission and rights to use any information or files that are third party copyright. (refer section 17.3) Customer is responsible for granting Denlyn Computers permission and rights for use of the same and agrees to indemnify Denlyn Computers from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Denlyn Computers reserves the right to request evidence of permissions and authorities.
17.10 Any functions, coding, programming or other systems created by Denlyn Computers which controls Customers website design contract remains the property of Denlyn Computers at all times. Upon final payment of the website design contract, Customer becomes the owner of the style, layout, general design and graphic design of the website design only. Customer also retains ownership of all the content placed onto the website design. The content, style and design on the website design will be made available should Customer elect in writing.
17.11 Unless otherwise specified in the contract quotation, this Agreement assumes that any text will be provided by Customer in electronic format (ASCII text files delivered on disc or via e-mail) and that all photographs and other graphics will be provided electronically in .GIF, .JPEG, JPG, .PNG or .TIFF format. Images and photographs requiring enhancements, adjustments or sizing will incur further charges. Documents provided in hard copy requiring re-typing may incur further charges also. Although every reasonable attempt shall be made by Denlyn Computers to return to the Customer any images or printed material provided for use in creation of Customer's web site, such return cannot be guaranteed.
17.12 Design credits, which is a link to the original designer of the website will appear in small type at the bottom of Customer's web site. If a graphic is used, it will be designed to fit in with the overall site design. The design credit will be in the terms of “Designed by…….” and does not impede the use of the website for Customer as it is a hyperlink back to the designer of the website, in this case, Denlyn Computers. The design credit must not be removed without strict permission of Denlyn Computers.
17.13 If Customer's web site is to be installed on a third-party server, Denlyn Computers must be granted temporary read/write access to Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the contract, other resources might also need to be configured on the server which may incur further charges by Customers third-party server provider.
17.14 Denlyn Computers accepts no responsibility for any alterations caused by a third party occurring to Customer's pages once installed. Such alterations include, but not limited to additions, modifications or deletions. If Customer does such alterations and requires assistance to repair or fix the issue, fees will apply.
17.15 Denlyn Computers may purchase domain names and web hosting on behalf of Customer. All costs are to be made prior by Customer to Denlyn Computers. Renewal payments of domain names and web hosting then become the responsibility of Customer. All passwords and access information become Customer’s property. The loss, cancellation or otherwise of the domain and web hosting brought about by non or late payment is not the responsibility of Denlyn Computers.
17.16 Denlyn Computers will not use other than for this agreement only, disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this agreement. The agreement of this confidence will cease to apply regarding any information Denlyn Computers is required to disclose by law.
17.17 Terms and Conditions for Website Design / Graphic Design, Customer's signature or payment of an advance fee constitutes agreement to and acceptance of the Contract. Payment online is an acceptance of Contract. Denlyn Computers reserves the right to change any part of Contract only with consent of Customer.
17.18 This Agreement shall be governed by Australian law.