Grimpond Marketing International
Website Terms and Conditions
When placing an order with – Grimpond Marketing International Pty. Ltd. – you confirm that you are in agreement with and bound by the terms and conditions below.
The Client : The company or individual requesting the services of Grimpond Marketing International Pty. Ltd.
Grimpond Marketing International Pty. Ltd : Primary designer/site owner & employees or affiliates.
Plain English
Deposit – A deposit is required for all work, unless specifically negotiated with Grimpond.
Proofing – The client is responsible for the correctness or all submitted materials.
Search Engine Position – No guarantees are given as to search engine placement results.
Time Frame – The client must supply materials to complete the site within the stated timeframe.
Payment – All payments must be made within 30 days of invoice.
Ownership – All elements of the website remain the property of Grimpond until final payments are made.
Details
Grimpond Marketing International Pty. Ltd. will carry out work only where an agreement is provided either verbally, or by email, telephone, mail or online form.
An ‘order’ is deemed to be a written or verbal contract between Grimpond Marketing International Pty. Ltd. and the client. This includes telephone and email agreements.
While every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Grimpond Marketing International Pty. Ltd. Will not accept responsibility for any losses incurred due to malfunction of the website or any part of it.
Grimpond Marketing International Pty. Ltd. will not take responsibility for final proofing of text or website content. The final responsibility for checking the sites functionality and content lies with the client.
Ownership
All elements of the website, graphics and/or any customized programming will remain the property of Grimpond Marketing International Pty. Ltd. until final payment is made.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Grimpond Marketing International Pty. Ltd. remain the copyright of Grimpond Marketing International Pty. Ltd. and may only be commercially reproduced or resold with the permission of Grimpond Marketing International Pty. Ltd.. Open source code is provided under the GNU licence.
Copyright
Grimpond Marketing International Pty. Ltd. will not take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any request to remove copyrighted material will be actioned immediately, and onus will be placed on the client to prove ownership or usage rights.
Time Frame
When an order has been made, the client agrees to provide all necessary information to Grimpond Marketing International Pty. Ltd. within the set time frame of the project. In a case where the client has not supplied content within the time frame, thus rendering Grimpond Marketing International Pty. Ltd. unable to complete the job, the full project price is payable.
Grimpond Marketing International Pty. Ltd. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Grimpond Marketing International Pty. Ltd. will not be held liable, or become involved in, any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Grimpond Marketing International Pty. Ltd. will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Deposit
A deposit of 25% is required with any project before any design work will be carried out. This figure is negotiable for projects exceeding $2000.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions. If the client decides they no longer want the site, after work has been commissioned and completed and a deposit paid, they are obliged to pay for the work that has been completed. Non-payment will result in legal action.
Additional Work
Any additions to the original order will be carried out at the discretion of Grimpond Marketing International Pty. Ltd. Additional work of this nature may be charged at up to the rate of $150/hour.
Database, Application and E-Commerce Development
Grimpond Marketing International Pty. Ltd. cannot take responsibility for any losses incurred by the use of any software created for the client. While every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before use.
Where applications or sites are developed on servers not recommended by Grimpond Marketing International Pty. Ltd., the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required to allow the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to fully test any application or programming relating to a site developed by Grimpond Marketing International Pty. Ltd. before it is made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Grimpond Marketing International Pty. Ltd. will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
Grimpond Marketing International Pty. Ltd. will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and 7, Firefox and to an acceptable level with other Mozilla browsers. Grimpond Marketing International Pty. Ltd. can offer no guarantees of correct function with all browser software.
Search Engines
Grimpond Marketing International Pty. Ltd. accepts no responsibility for Search Engine ranking for any of its client’s websites. Grimpond Marketing International Pty. Ltd. has no direct control over these rankings and offers no guarantees as to placement.
Website Hosting
Grimpond Marketing International Pty. Ltd. reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Grimpond Marketing International Pty. Ltd. policy that any outstanding accounts for work carried out by Grimpond Marketing International Pty. Ltd. or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Grimpond Marketing International Pty. Ltd..
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Grimpond Marketing International Pty. Ltd. has not been contacted regarding the delay, access to the related website may be denied and web pages removed.
Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and, if need be, to seek payment through legal procedures and court summons.
Any additional costs incurred as a result of pursuing late debts, including administration, emails, phone calls or third party charges will be added to the account in question.
Dispute Procedure
Anyone who experiences a problem with their web service provided by Grimpond Marketing International Pty. Ltd., should raise the matter directly using our online feedback form (http://www.grimpond.com/contact-us/), giving sufficient information to locate the material (such as a URL) and clearly outlining the dispute details.
Grimpond Marketing International Pty. Ltd. will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.