terms of service
Chris McInnes Digital will always endeavour to fulfil your needs and meet your expectations, but it’s important to have things written down so that we agree on what’s what, who should do what and when, and what will happen if something goes wrong. If you have any questions about these terms of service, please feel free to pick up the phone and call me.
Agreement between Chris McInnes owner/operator of Chris McInnes Digital (hereinafter referred to as “Chris McInnes Digital” or “The Designer”), and You, the authorised representative of “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Web Designer, Freelance Designer or Graphic Designer.
COMMUNICATION – Chris McInnes Digital can be reached by telephone from Monday to Friday between 9am and 5pm AEST.
ESTIMATES – Chris McInnes Digital may provide an estimate during the early stages of project discussions or for ad-hoc works. An estimate may include an estimated number of hours and an hourly rate to be charged for those hours. An estimate is not a fixed price and should not be viewed by The Client as such. An estimate is a guide to the final price only.
PAYMENT – Payment by The Client is required within 14 (fourteen) days of receipt of invoice from Chris McInnes Digital. Chris McInnes Digital accepts payment by direct deposit and the bank account details will be sent along with the invoice.
CONFIDENTIALITY – The client shall inform Chris McInnes Digital in writing if any portion of any material or information provided by the client or if any portion of the project is confidential. Chris McInnes Digital agrees not to misuse or disclose any confidential information that may be made available by The Client.
CLIENT RESPONSIBILITIES – All reasonable care will be taken to ensure work is completed to the highest standard, however Chris McInnes Digital will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the project.
COPYRIGHT – The Client represents to Chris McInnes Digital and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork supplied to the Designer for inclusion in design work are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Chris McInnes Digital from any claim or suit arising from the use of such elements furnished by the Client.
OWNERSHIP – The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. Chris McInnes Digital reserves the right to display and link to your project as part of its portfolio and to write about it on websites, in magazine articles, on social media and in books.
CONTENT – Unless otherwise stated, pricing does not include website hosting, copy writing or image sourcing. If you’d like Chris McInnes Digital to write copy or source images for you, a separate estimate can be provided.
CLIENT REVISIONS – If significant modification is requested after a webpage has been designed or built to the Client’s approved specification, it must count as an additional page (charged at the hourly rate agreed at the beginning of the project). Examples of significant modification at the request of the Client include: 1. Designing a new layout or layer structure to accommodate a substantial redesign at the Client’s request; 2. Recreating or significantly modifying the logo and or graphics at the Client’s request; 3. Replacing more than 50% of the text to any given page at the Client’s request; 4. Creating a new navigation structure or changing the graphics at the Client’s request.
ARTWORK APPROVAL – Chris McInnes Digital will take all reasonable care to check website pages and artwork proofs carefully for accuracy in all respects, ranging from spelling to technical details. However, it is considered the responsibility of The Client to check all website pages and artwork carefully before final sign off and publishing. As a result, Chris McInnes Digital is not liable for loss, expense or damage caused by any act or omission.
WEBSITE MAINTENANCE GRACE PERIOD – This agreement includes minor project maintenance over a 14 (fourteen) day period following website launch. This includes updating links and making minor changes to text (a sentence or paragraph or example). It does not include removing nearly all the text from a page and replacing it with new text. The 14 day maintenance period commences on the date the project is signed off for launch. Changes requested by the Client beyond the 14 day maintenance period will be charged at the agreed hourly rate.
BROWSER TESTING – Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different screen sizes. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. Your website will be designed to work in current versions of major desktop and mobile browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla (Firefox) and Opera. Websites may render differently across browsers. Chris McInnes Digital can’t guarantee that every aspect of your site will display identically in every browser, because each browser is powered by different technology.
Please note that Chris McInnes Digital no longer support any version of Microsoft Internet Explorer (IE). If support for IE is required this must be specified at the beginning of the project.
LIABILITY – Chris McInnes Digital makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, Chris McInnes Digital shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless Chris McInnes Digital from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
WARRANTY – Chris McInnes Digital does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Chris McInnes Digital will not be held responsible for occasional downtime of email or websites due to line interruptions and/or other instances beyond the Designer’s control.
CANCELLATION / TERMINATION OF AGREEMENT – If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 90 days, the project can be cancelled, in writing by Chris McInnes Digital and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on hours completed to date.
VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between Chris McInnes Digital and The Client.
ACCEPTANCE OF TERMS OF SERVICE
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