Jonathan Clayman - Web Strategist

1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all work undertaken by Jonathan Clayman for his clients.

2. MY FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing me to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. I reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable if I have not fulfilled my obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of mine.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by me to complete the work in accordance with any agreed specification. 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 me which leads to a delay in the completion of work, I have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, I have the right to invoice you for any part or parts of the work already completed.

4. VARIATIONS

I am pleased to offer you the opportunity to make revisions to the design. However, I have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

My website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $75.00 per hour.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that I give are contingent upon your full co-operation and complete and final content for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. This person needs to be available to answer questions arising from the project within 24 hours on weekdays (subject to reasonable exceptions), and to have authority to make design and related decisions.

6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify me in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to me as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

7. REJECTED WORK

If you reject any of my work within the 7-day review period, or not approve subsequent work performed by me to remedy any points recorded as being unsatisfactory, and I, acting reasonably, consider that you have been unreasonable in any rejection of the work, I can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. PAYMENT

Upon completion of the 7-day review period, I will invoice you for the 50% balance of the project.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

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 me to include in your website or web applications.

You must indemnify me and hold me harmless from any claims or legal actions related to the content of your website.

10. SEARCH ENGINES

I have no control over ranking and do not guarantee a presence of any developed or hosted website on any search engine.

11. CONSEQUENTIAL LOSS

I shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of my contract, however that delay arises.

12. WARRANTY PERIOD

Any errors made by me reported within 30 days of the website going live will be fixed without any fee. Any bugs or errors reported after the website has been live on the Internet for 30 days will be billed on an hourly basis at $75/hour.

13. DISCLAIMER

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 I provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Jonathan Clayman under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at my option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that I was contracted to perform.

14. SUBCONTRACTING

I reserve the right to subcontract any services that I have agreed to perform for you as I see fit.

15. NON-DISCLOSURE

I (and any subcontractors I engage) agree that I will not at any time disclose any of your confidential information to any third party.

16. ADDITIONAL EXPENSES

You agree to reimburse me for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

17. BACKUPS

You are responsible for maintaining your own backups with respect to your website and I 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 me.

18. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Tasmania. You and I submit to the non-exclusive jurisdiction of the courts in and of Tasmania in relation to any dispute arising under these terms and conditions or in relation to any services I perform for you.

19. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Wordpress”, I endeavour to ensure that the web sites I 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. Where appropriate I will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

20. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Jonathan Clayman and any subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

Last revision: August 28, 2024