Terms and Conditions
These are the standard terms and conditions for Digital Services and apply to all contracts and all work undertaken by TMC & Corporation for its clients.
1. Our Fees
A 50% deposit of the total fee payable under our work plan is due immediately upon you instructing us to proceed with the work. We reserve the right not to commence any work until the deposit has been paid in full.
The remaining 50% will be due when the work is completed.
We reserve the right to charge you additional expenses in certain circumstances, including if you make variations to the work plan, you cause the work plan to be delayed or we incur additional reasonable expenses in connection with the work plan.
Unless otherwise stated, all charges are inclusive of GST.
2. Variations and Cancellation
Depending how much work we have undertaken, you may be able to make revisions to the design. However, we have the right to limit the number of design revision to a reasonable amount and may charge for additional designs. Major deviation from the specification will generally be charged at the rate of $100.00 per hour.
If you cancel the project Agreement after instructing us to proceed, we reserve the right to charge you for any work we have already undertaken.
3. Work Plan
We endeavour to complete all work according to the work plan we agree on. However, any time frames or estimates that we give are indicative only and may be affected by circumstantial factors beyond our control. Our ability to perform our work according to the work plan is also contingent upon your co-operation.
We will not be liable for any loss or damage you suffer that is in any way attributable to any delay in performance or completion of the work, however that delay arises.
4. Approval of Work
On completion of the work, you will be notified and have the opportunity to review it. You will have 5 business days to review the work, after which it will be considered approved. We will not make any changes to the work after it has been approved or is considered approved.
Upon completion of the 5 business day review period, we will invoice you for the 50% balance of the project.
We reserve the right to charge interest on any overdue amounts.
6. Supply of Materials
You must supply all materials and information we require to complete the work in accordance with this agreement. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us and this leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the work being completed, we have the right to invoice you for any part or parts of the work already completed.
7. Guarantee Legality of Materials
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications. We act on the assumption you own the intellectual property rights to the material you supply us.
You must also ensure that the material you provide us does not infringe any applicable laws, regulations, industry codes or third party rights, including ensuring that the material is not defamatory.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of TMC & Corporation under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We accept no responsibility for any liability arising from the work we produce. You must indemnify us from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work, we grant to you a license to use the website and its related software and contents for the life of the website.
We retain the copyright and all other intellectual property rights of the content we produce.
10. Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
If you are hosting your own website, then you are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. If we are hosting your website then we will be responsible for maintaining a back up.
You are responsible for maintaining your own back ups to your own website.
13. Ownership of Domain Names and Web Hosting
We will supply your domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred to date. There will be an ongoing annual fee to have us host your website as outlined in your agreement.
14. Cross Browser Compatibility
We endeavour to ensure that the web sites we create are compatible with all current modern web browsers, such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers.
15. Governing Law
The agreement constituted by these terms and conditions and the work plan will be construed according to, and is governed, by the laws of New South Wales and the Commonwealth of Australia.