To give your project the attention it needs, we will work with you to determine a start and end date for your project. We are often booked out weeks in advance for large projects, so the sooner you provide instructions to us the better! Any timeframes given are an estimate only. You acknowledge that there may be unforeseen circumstances from both parties, that may delay the completion of the project for which we will not be liable.
You will inspect the delivered project (or part thereof) immediately upon delivery. You will check grammar, spelling, graphics and functionality. It is your responsibility to notify us of any errors within 5 business days of delivery, failing which it will be deemed that you have accepted completion of the project (or part delivered).
We include allowances for revisions as part of your website project estimate. The time allocated for revisions is based on the complexity of your original website brief and scope. Any additional time required by us to effect revisions beyond our estimate, will be charged at our standard hourly rate (in addition to the estimated number of hours required at commencement of the project).
In the event that you request to expand or reduce the scope of the project (“Variation”), such Variation may reduce or incur additional cost, which we will advise you. Any agreed Variations will be subject to these Terms of Service.
Rights to the Website Content
With the exception of our intellectual property, and Background Technology, upon payment in full of all our invoices relating to the project, we grant you a non-exclusive perpetual, licence to use the website (including any text, music, sound, photos, video, graphics, data, or software). This licence confers no title or ownership in any associated software or source code relating to the website or the project generally. You own all content or information. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Snug Site remain the copyright of Snug Site and may only be commercially reproduced or resold with our prior written permission.
This provision survives termination of these Terms of Service.
Credit for Work
You hereby grant to us the right and license to refer to your business name/logo and use screenshots of your website solely for the purpose of promoting Snug Site.
This provision survives termination of these Terms of Service.
You acknowledge that our ability to deliver the project by the End Date is dependent upon your full and timely cooperation with us, as well as the accuracy and completeness of any information provided.
You will provide us with access to and use of all information, data, documentation, deemed necessary by us to meet our obligations under these Terms of Service. You will appoint a representative who will provide professional and prompt liaison with us, have the necessary authority to commit you, be available upon reasonable notice given by us and resolve any issues relating to the project.
You will be responsible at all times for the supervision, management and control of the project and any results obtained from the project, including without limitation all responsibility for maintenance of audit controls, operating methods, error detection and recovery procedures, back-up plans, security, insurance, maintenance and all other activities necessary to enable you to use the website.
If you fail to supply any information, instructions, materials or facts that prevent the delivery of the project, we may invoice you for any works undertaken in relation to the project (whether or not completed).
You are responsible for ensuring you regularly backup your website and IT systems. We will not be responsible for any loss of data or errors which may occur., outside of our own staging sites.
You acknowledge that we do not warrant:
(a) that the operation of the website will be uninterrupted or error-free or conforms to any reliability or performance standards;
(b) that the website will be compatible with future products or those of other parties;
(c) merchantability and fitness for a particular purpose;
(d) any services or goods supplied by a third party;
(e) that the website will be free of viruses or will be secure;
(f) the outcome and effect of the project on your business success, regardless of an increase, decrease or stagnation;
(g) any defect or non-conformance resulting from:
– unauthorized, improper use or modification of the website;
– breach of your Obligations under these Terms of Service;
– forces beyond our control including but not limited to fire, power surge or viruses.
Any services provided by a third party supplier will be the subject of such third party supplier’s terms and conditions and any warranties provided. You must comply with such third party terms and conditions.
You agree to provide us with all required website text copy. We are not responsible for writing or inputting any text copy unless this has been specifically requested. Any licensed media or technology required for your website will be provided by you. Any images provided by you must be royalty free, or have the necessary permissions to use those images. You will indemnify us in relation to any claims, including legal costs, in the case that there is an allegation of infringement of copyright in relation to any intellectual property provided by you.
Snug Site Intellectual Property
We retain the right to be recognised for the artwork, custom code or innovations created by us relating to the project. We shall be free to reproduce and create derivative works from any design element from your website created by us. We shall be free to use any concepts or techniques acquired during the development of your website. This provision survives termination of these Terms of Service.
We shall make every effort to ensure that your website is designed to work with the Chrome Internet Browser current release (at the time of delivery of the project), and you agree that we cannot guarantee correct functionality with other Internet browser software. You agree that any updated software versions of Internet browsers after delivery may affect the functionality and display of your website. We are not obligated to maintain compatibility with these browsers. We cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Search Engine Rankings
If the project includes search engine optimisation (SEO), we will use our best efforts and accepted standards to improve your SEO ranking. However we do not guarantee results given we cannot control changes in policies of Google, algorithms, indexing of search engines and results may vary according to your hosting, website history, industry, popularity of terms, spontaneous drops or other anomalies outside our control. We will not use any methods that contravene official Google best practices or guidelines.
Termination of Website Project
These Terms of Service will continue in force until:
(a) completion of the project and payment in full of all invoices relating to the project, except in the case that we continue to provide you with ongoing Services (see Maintenance & Support below) in which case such Services will be subject to these Terms and Conditions;
(b) notice in writing by us if you are in material breach of your obligations contained in these Terms of Service and you fails to remedy such breach within 7 days of receipt of written notice by us which specifies such breach;
(c) notice in writing by us in the absence of mutual agreement regarding a change variation to the project;
(d) notice in writing if you fail to pay any sums due to us under these Terms of Service within 14 days of the invoice issue date; or
(e) by either Party if the other Party has a receiver appointed, or an assignee for the benefit of creditors or in the event of any insolvency or inability to pay debts as they become due by the other Party.
Upon termination of these Terms of Service by us, you will pay us for all amounts owing, charges and expenses incurred by us up to the date of termination within 7 days of termination and you will receive all work in progress for which you have paid.
WordPress Website Ongoing Support and Maintenance
We provide WordPress website support and maintenance, and is subject to these same Terms of Service (see additional Terms for ongoing Maintenance below).