Terms of Service
Please read through and familiarise yourself with these Terms of Service and feel free to contact us to clarify anything which is not clear. These terms outline various aspects of building a website, providing support, training and marketing services, terms of payment as well as information about hosting & email services provided Adobe Business Catalyst.
Design is typically either done in-house by onlineiq pty ltd, or by an external designer working closely with onlineiq pty ltd. If you are working with an external designer, your agreement is between you and that person.
You will be able to modify your design with a reasonable number of revisions (determined by the design package you have and/or the designer's terms), however once a design has been approved and the build process begins, changes may attract an additional design and or development cost. This is why it is important to be actively involved in the the preliminary planning and design phase, as this is where changes and amendments are easy to make.
Website content, including images, words, names of menu items, videos and so on, needs to be provided by you, unless you have asked us to do this for you. We will let you know what format we need the content provided in (e.g. word documents, image formats). We do offer content creation and editing services, and also have a range of great photographers if you need some photographs taken.
We need to receive your draft content prior to design (so designer can incorporate your logo, images and words), and final content is due one week after development starts.
It is your responsibility to ensure that the content you provide us with does not breech copyright, is free of spelling mistakes and is grammatically correct.
You must affirm that you have permission to use all content you provide us with.
Additions, Changes and Work Requests
Once a project build has started, additions and changes will need to be charged for (unless they are minor).
Additions to the original brief will also be quoted on separately. Generally, the original brief as agreed and approved will need to be completed prior to working on additions, in order to keep within project timeframe, or an adjustment is made to the agreement to extend the timeframe.
Occasionally, a requirement quoted on is not able to be delivered due to factors outside our control (eg. a bug in the system, new details of a requirement are relayed after site build has started). In this instance, options will be discussed with you and may involve refunding for that element or researching alternative ways of meeting the need. This may involve an additional cost, or a partial refund.
onlineiq pty ltd are not liable for delays outside our control, however will inform you as soon as there is reason to believe there may be a delay.
Where projects are held up by content or information needed from you to complete the project, onlineiq pty ltd may have to update timelines - as we allocates blocks of time for development which then have to be re-booked if we don't have what we need from you to continue the work.
Where content is not supplied to us within 8 weeks of its due date and work on the project has had to be put on hold, a re-activation fee of $300 may be charged for the additional work needed to re-familiarise and reactivate the team who will have moved on to other projects.
Testing & Soft Launch
It is 'all hands on deck' when it comes to testing your website. While we test on a variety of Platforms (Mac & PC) and Browsers (i.e. Google Chrome, Internet Explorer, Firefox & Safari), it is impossible to replicate every possible environment in which your website will be viewed. You also have the option of having your website optimised for Tablets and Smart Phones - however this is an additional service. Your website will work on these devices but will not necessarily look exactly the same as on a laptop or desktop computer.
A Soft Launch is when a website is made live, but it is not yet being promoted. Please allow sufficient time for testing at this stage prior to any major publicity launches, so any issues and bugs can be ironed out. This is a good time to show it to family and friends and to pick up on anythings which has not been noticed by those working on the site closely.
You will also need to read through the content, and check that all the forms are working as you want them to, that the right message is being sent to clients and that workflows such as payment processing and order fulfilment make sense to you. You will receive a Soft Launch checklist to help you with this process.
Any errors which are caused by our work will be fixed. Please report these via our support portal as soon as possible. After a website is released to you, we ask that you go through it thoroughly so you can sign off everything is working. Bugs / errors need to be reported within 30 days of a website going live unless the error is obscure and could not reasonably have been discovered during this time period.
Issues / mistakes caused by you can also be fixed at your request and will be charged at our casual support rate, or managed as part of a support package.
Bugs and issues not caused by us will be charged at our casual support rate, or managed as part of a pre-paid support package.
Hosting & Email
onlineiq pty ltd is not liable for any hosting related issues, or by any bugs within the Adobe Business Catalyst platform; however we have chosen this website and hosting platform as a result of its stability and reliability. In the 5 years we have used this platform, we have never had a website hacked or had to perform any system upgrades as this is all included as part of the hosting costs.
The Adobe Business Catalyst servers are on Amazon servers in Australia, and are PCI compliant (ie. a standard the Government requires for online transactions involving transmission of credit card details). The hosted platform model means that security is continually upgraded. In additions, new features and upgrading of functionality occurs each month.
Cancellation of Hosting
We require 30 days notice in writing if you wish to cancel your hosting agreement. Adobe Business Catalyst do not provide refunds for payments which have been processed, so please ensure you respond to our annual hosting invoice as soon as possible if you do not intend to keep your site going for another year.
Your email may be hosted by Adobe Business Catalyst or externally.
If your email is hosted externally (eg. gmail), then it is the external mail hosting service which is responsible for your email.
onlineiq pty ltd can help with instructions to set up your mail, and can help troubleshoot and provide support via our support services to get your mail working. Once email is set up and successfully accessed via web mail, this indicates that the setup on the Adobe Business Catalyst mail servers is functioning correctly.
There are however, factors outside our control which impact on email functionality, such as deliverability to some email accounts, difficulty with local setup on PC's and mobile devices, local ISP protocols, and firewalls/spam protection levels which certain organisations or individuals may put in place.
While in the vast majority of cases there are no issues at all, occasionally we need to refer complex issues to an email troubleshooting specialist. This falls outside the scope of our area of service & corresponding support packages. We will however provide a referral to a recommended specialist.
Support, Training & Work Requests
onlineiq pty ltd provide ongoing services by way of support, training and work requests. The following are definitions of each type of service:
- Support - you have an issue which you need our help with
- End user support - helping your client/staff with an issue on your website
- Training - you want us to show you how to do something
- Work Request - you would like us to make some additions or changes to the website for you.
Please look at our Support Packages to see the various options and packages available.
If you are using your website as a marketing tool, or for selling online, having a website is just the beginning of an ongoing process of marketing and promoting your business.
You will receive information about what marketing activities you can do, or what marketing services we can help you with when your website is launched.
It is important to let you know that search engine optimisation, listing your website in google and bing and setting up email templates and campaigns are all important additional things you can do to help with your marketing efforts, and we encourage you to familiarise yourself with this to do the basics yourself, or you can ask us to do this for you.
Marketing activities are the 'fuel' you need to drive traffic to and awareness of your business.
Invoicing and Payments
Most website projects have a planning, design and build stage. Payment milestones will relate to each of these stages, and are as follows:
Planning & Design - wireframe / blueprint for each web page, which you approve, followed by website design. This is invoiced on acceptance of project, and required prior to start. A 50% deposit is required to start.
Website Build - this is invoiced in a further 2 stages. 30% payment is required when the website is initially released to you on the development domain, and the final 20% on completion* of the project.<
Website Hosting - This is due on completion of project, and paid annually from this date.
If your project falls outside this standard process, you will have received a separate email outlining payment terms.
* 'completion' means that the work on completing your website from our side is done. If you have content which you have not yet provided your final invoice for development and hosting will still be due and your content will be added once it is provided to us.
Please also note, that we cannot make a website live until final payments has been received, so please request for your invoice to be sent early if there is a tight deadline on your project.
Support Packages, Marketing and Work Requests
Marketing and Support Packages are invoiced in advance unless you choose to be invoiced at our Casual rates. Additional Work Requests payment term are 50% deposit, and 50% on completion.
Payment terms are 7 days, but please be aware that a deposit is required to start project build, and full payment prior to a site going live. Please contact email@example.com no later than the account due date if you are unable to pay on the due date.
Unless alternative arrangements have been made, if a payment has not been received 15 days after when it is due, we reserve the right to suspend ongoing work until full payment of the outstanding balance has been made. onlineiq pty ltd will not be liable for any loss or damage the Client suffers as a result of onlineiq pty ltd exercising its rights under this clause.
Further, onlineiq pty ltd also reserve the right to restrict access to the website administration portal and/or user permissions within the system if payment is overdue and repayment arrangements have not been made and/or adhered to.
In the event of hosting payments being overdue, onlineiq pty ltd reserve the right to stop hosting the website. We have to pay this cost directly to Adobe Business Catalyst.
Where there are outstanding payments of over 30 days on a live site, administration access may be disabled until outstanding payment is made.
onlineiq pty ltd liability is limited to the total cost paid for website design, development and hosting costs.