Thank you for considering a project with Darwin Web Design (DWD). The following terms and conditions outline both of our responsibilities if this project goes ahead and outlines the web design procedure for your information. Agreement to the following terms and conditions are confirmed automatically when you approve the quotation. I either require your confirmation that these terms and conditions are accepted otherwise if you continue to instruct me to proceed with this project, then that shall be on condition that these terms and conditions are accepted by you. I am happy to answer any queries or discuss the items below prior to agreement.

DEFINITIONS

In these terms and conditions the following terms have the following meanings:

Intellectual Property Rights means any form of intellectual property right, including copyright, trade mark, design, patent, semiconductor or circuit layout rights relevant in connection with Material on your web site, the user interface of the web site including but not limited to screens, organizations, patents and operation or control features and all software associated with the web site

Material means any material or thing in any medium whatsoever including textual, graphical, audio, video or photographic material, together with any software, which is incorporated into your web site

Third Party Material means any Material incorporated into your web site over which any third party (being any person or legal entity not a party to these terms and conditions) has any right or entitlement including any Intellectual Property Rights
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1. Material required by you
I require ALL material up front prior to confirming the quote and starting work. Depending on your particular job, this could include input such as: itemised list of your website requirements, logo, photos/graphics, text for pages, PDF's – as applicable. For multi-staged projects, I will advise of what is needed from you and when. For CMS and eShop projects, I will not require all of your website content but will establish the website with some sample data ready for you to edit further.

2. File formats
As applicable to your project, please send via email or CD (for large file sizes):
- Logos : jpeg, gif, tiff, png, pdf
- Photos : jpeg
- Page names and text: word document or email text
- Video and other multimedia: as advised for your project
- PDF's : Due to different PCs, fonts and layouts, I cannot convert your word docs to PDF for you. I can recommend a free converter available at primopdf.com

3. Intellectual Property
You are responsible to comply with the following conditions:
- to obtain all necessary permission, authorizations, licenses and consents in relation to the use of Third Party Material which is incorporated into the website
- to ensure that use any Third Party Material incorporated into the website does not infringe the Intellectual Property Rights of any Third Party
- to pay for all royalties or licence fees associated with the use of a Third Parties Intellectual Property Rights in connection with any Third Party Material incorporated into the website
- if a credit to a Third Parties work is requested (with the exact wording and a link to their website if applicable), I must be notified so I can add this to the website
- if people's faces feature in photographs, it is your responsibility to seek permission that their images are published online and keep records of their agreement
- if children's faces feature in photographs, it is your responsiblitiy to seek parent or guardian permission to use their image
- you must be accountable and the main point of contact if a dispute arises or copyright issues are challenged including providing proof of ownership or agreement to use material that is not your own.

Intellectual Property in the website shall vest in you except for any pre-existing Material, other than my graphic design, belonging to me including software, documents, templates and data which are incorporated into and used in developing the website, and the user interface and sour ce code of the web site.

You agree to forever release and indemnify me, my servants and agents against all actions, claims and demands (including the costs of defending any action, claim or demand) which may be instituted against me, my servants or agents arising from or in any way connected with any breach or non compliance by you with any of the terms and conditions of these terms and conditions under the heading Intellectual Property.

4. Site visits
Please advise if you wish to include site visits during your project. Unless itemised in your quote, additional site visits are not factored in (as they are rarely needed).

5. Quote variations
After receiving the above material from you, I may need to adjust the quotation if your material contains larger than anticipated content, fiddly graphics work, scanning, complex layout requirements or any other unknown extras from our initial communications. This also applies, if the work is less than anticipated, the quote could be reduced. If this occurs, I will supply a revised quotation with price adjustment for your approval.

6. Acceptance
If you are happy to proceed, please let me know via return email or correspondence that you accept the quotation, which includes these terms and conditions otherwise as long as you continue instruct me to proceed with this project then that shall be on condition that these terms and conditions are accepted by you.

7. Payment
Pre-payment is required for all design projects and by default this procedure is as follows:
- For jobs $1,000 and under : full payment prior to starting
- For jobs $1,001 and over : 50% up front with 50% at **finish with 7 day term for final payment. **'Finish' is determined when the completed project is online ready for your final inspection. The final invoice will be issued at this stage NOT after any small follow up issues or final training has been carried out.
- NT Government projects : as per NTG supplier agreement

8. Domain name registration (if applicable)
I will require your choice of domain name and will advise availability. I have an online order form which I will provide a link for you to complete.
If you have an existing domain name with another registrar (and DWD are providing the web hosting), you will need to login to your online control panel with your registrar and change the domain name servers (DNS). I will advise on exact details during the project.

9. Web hosting
If your hosting is provided by DWD, I will set up your hosting account and provide support relating to hosting matters. DWD is a reseller for a large, reputable Australian hosting provider that hosts thousands of websites, DWD will not be liable if (in the very unlikely event that) this company closes down or their service is compromised in any way during your 12 month hosting subscription. Refunds cannot be given for hosting, which is prepaid in advance for a 12 month period.

If you have hosting in place with another provider, I cannot guarantee that your new website will operate correctly on your web server, particularly with database driven sites or sites that utilise scripting. To check this for you, I will require full access to your hosting control panel and can advise further before starting the project. Additional charges for installation problems or troubleshooting may apply if your hosting service is problematic.

10. Email accounts
For DWD hosting, I include complimentary set up your email accounts on the web server with the addresses of your choice. I will advise you of access details and provide an online console login for you to manage any future email changes. DWD does not make site visits or provide support to set up email accounts on PC, laptop or smartphone software. If your hosting is with another provider, DWD does not provide support or setup of email accounts on the server.

11. Project delivery process
For jobs with multiple stages, the separate steps will be itemised on your quotation (or project scope document). This will include details eg: whether or not a graphic mockup is supplied, how many opportunities are available for modifications and what material will be added to the website. Any additional work outside of the quote/document will incur hourly rate charges or a separate quotation as advised.

12. Time frames
This will depend on the size and scope of your job and my workload at the time. I will require your material up front. I can advise further closer to starting date. As a general guide for a 5-10 page brochure style website:
- Mockups – within one week of receiving all material from you
- Template creation – within one week of mockup approval
- Website installed and completed – usually within one week for simple websites and up to 4-6 weeks or more for larger projects with a database.

13. Cancellations / refunds
Prepaid domain name registration and web hosting can not be refunded or transferred once ordered and paid for. In the unlikely event that you wish to cancel the project, the portion of the pre-payment to be refunded will be determined by: the prepayment amount minus the amount of work (calculated at hourly rate) completed to that point, and any purchases (eg licenses for scripts, stock photos) made for that project. Once a refund has been issued, any mockups, images or detailed project information supplied to you must be destroyed/deleted and can not be used as the basis of work with another provider.

14. Search Engines
I will optimise your website for the search engines and have achieved great results for many clients but cannot guarantee a number one position (nobody can). It is normal to take anywhere up to 3 months (for a new website) to appear in search results of any search engine. Your web content will form the basis of good SEO and I can advise further during the project or training session if applicable.

15. Site launch and browser testing
I will install and launch your website and test that all functions are working, eg code validation, feedback forms, shopping carts and that there are no layout problems. Please not that websites render differently across different browsers and computer screens depending on each computer’s set up. Your website will be tested in the most widely used screen resolutions (industry standard layout widths at the time of designing), latest version of Firefox and Microsoft Internet Explorer (IE) version 7 and upwards – please advise if you require IE6 as I will need to omit some modern layout/design techniques). I cannot guarantee that once your website ages, the site will render perfectly on any new browsers that I am unaware of today.

16. Final changes, ongoing maintenance and support
- If you require small design changes after the project is completed, I am happy to do this within the first week of the final site going live (small changes only) – but
I need to limit changes to that time frame. Any ongoing changes requested after that first week will be subject to hourly rate maintenance fees.
- I will amend any self made errors after the site launch but these must be brought to my attention within 30 days after project launch
- Maintenance plans are available for ongoing routine updates.
- I will try and answer simple queries at any time - free of charge but complex questions requiring extensive research will require quotation

17. CMS websites (database driven websites or websites with editor for you to maintain yourself)
- If your website has an editor installed (eg 'easy editor', 'CMS' or 'eShop'), training (if applicable) will be itemised in your quote/invoice, typically this may include one hour for eShops or database driven CMS websites. Any further training will incur fees if further site visits are requested.
- To edit your own website and understand the training or user notes, the person updating your website must have competent comp uter/ windows skills and be
familiar with web browsers and dealing with files (eg photos). DWD training sessions assume this background knowledge is in place unless notified otherwise.
- DWD editor websites are designed in such a way that the styles and layout are secured in other files to minimise client errors. Some websites (eg eShops may have areas on the site that are unavailable to edit).
- There may be some limitations on what I can achieve (both technically and layout wise) with the particular script that is used for your CMS.

18. Ownership
At project completion, all graphic design work that I created for you over the course of the project will belong to you. This means you are free to re-use or copy any design elements for example the web banner in other marketing material. Please note that web graphics typically are of low resolution so some of the graphics may not be suitable for jobs where image size and quality is important. The source code has a copyright restriction and remains the property of Darwin Web Design.

19. Renewals - Your contact details
If your project includes domain name and/or hosting, please ensure you provide me with any updated contact details over time in the long term. If your domain name and hosting comes up for renewal in the future and I cannot contact you, I may need to let your services lapse which means your website and emails will be offline.

20. Ongoing Costs
- Domain name and hosting will require ongoing renewal as outlined on your quotation (as applicable), invoices will be emailed via PDF format
- PayPal fees for shopping cart websites = please visit www.paypal.com.au for further information on their current fees and charges
- Maintenance / website updates or design upgrades – I will provide a quote as needed