By undertaking a project with Essentee, in addition to the provisions of any written Proposal, you are agreeing to the following terms and conditions.
These project terms supplement Essentee's Standard Terms of Service which will also form part of your agreement with Essentee. In the event of any inconsistency, the provisions of the Proposal will prevail over these Project Terms, which in turn prevail over Essentee's Standard Terms.
1. Commencement
Work on projects may not start immediately, but at a date agreed to with the client.
Once agreed, project deliverables cannot be altered or added to without both parties approval.
The client may order variations to the work in writing or may request Essentee to submit proposals for variation to the work.
Agreement and instructions received from the client will be considered notice as per clause 11 of our Standard terms
Either party may terminate this agreement on 7 working days notice in writing. On receiving notification from the client, Essentee shall immediately make arrangements to stop work and minimise further expenditure. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the parties.
2. Fees
Proposals for work, including cost estimates, are valid for thirty (30) days from the date of issue unless otherwise stated.
All prices published or estimated are exclusive of Goods and Services Tax unless otherwise stated.
Alterations to specifications or variations to the agreed work will incur additional costs.
A non-refundable deposit of 25% of the estimated fees for this project is due before the design phase commences.
A further 25% of the estimated fees shall become due when the design component is complete and accepted by the client. Changes made to the design after approval will incur additional costs.
When both Essentee and the client agree that the website meets the specifications Essentee will publish the website at which time remaining fees will be due.
Essentee reserves the right not to commence work in whole or part until each invoice has been paid in full.
3. Acceptable Use
Content provided to Essentee by or on behalf of the client for the purpose of publishing on a website must adhere to the Acceptable Use Policy set out in Clause 5.3 of Essentee's Standard Terms
4. Completion of work
Essentee will exercise the degree of skill, care and diligence normally expected of a competent professional and warrants completion of work in accordance with these specifications and as agreed with the client.
Any changes to the specifications that may increase the time, cost, or deliverables will not be undertaken without prior agreement with the client.
The client shall give Essentee reasonable access to their offices, employees and representatives, information and other items as required by Essentee to complete this project. Any increase in time spent as a result of access being denied or delayed may result in an increase in the cost of the project.
The client is to supply any materials and information required for Essentee to complete work in accordance with the agreed specification. Such materials may include, but are not limited to, images, written copy, and other media. Where the clients failure to supply such materials leads to a delay in completion of work, Essentee has the right to extend previously agreed deadlines by a reasonable amount. Where the clients failure to supply materials prevents progress, Essentee reserves the right to consider the project in default and to invoice the client for any part or parts of work already completed.
On completion of specified phases of work, the client will be notified and have the opportunity to review it. the client should notify Essentee, in writing, of any unsatisfactory points within two weeks of receipt of such notification. Any work which has not been reported in writing to Essentee as unsatisfactory within the two-week review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and will be deemed to have been completed and any associated invoices will become due.
If the client rejects work within the two-week review period and will not approve subsequent work performed by Essentee to remedy any points reported by the client as unsatisfactory, and Essentee considers that the client is unreasonable in their repeated rejection of work, the agreement will be deemed to have expired and Essentee may take any legal measures to recover both payment for completed work and reasonable expenses incurred in recovering payment.
Essentee designs sites which display acceptably in the current, most popular browsers as determined by Essentee at the time of development. Essentee does not accept responsibility for content which do not display acceptably in new versions of browsers released after the site is received by the client. Due to the evolving nature of browsers, devices (including PC, desktops and mobiles) and operating systems, and the variations in individual device set-ups, Essentee does not guarantee that the site will display the same for every user.
Errors (both technical and typographical) attributable to and notified to Essentee will be corrected free of charge.
5. Marketing Essentee Services
Essentee reserves the right to include a small credit notice on websites developed by Essentee, with a link to the Essentee website. This notice is limited to the words "Website design hosting by Essentee", "Designed by Essentee" or similar. Essentee reserves the right to use a graphical representation of this work for the purposes of promoting Essentee services to other clients.