Terms and conditions
1. Intellectual copyright:
We work super hard on our clients’ websites so we think it’s fair to assume that if your invoices aren’t paid, then you don’t own the artwork, website or intellectual copyright. Once all invoices are paid, you are the owner of all work we have provided to you.
2. Client responsibilities:
You are responsible for any image, text, animation, video, layout or any other content provided to us, so please ensure that this material does not infringe any copyright or laws. We will also let you know if the quality of the files provided to us will have a negative impact on the overall look of the finished project.
3. Non solicitation of PWS Digital’s team:
We have a very capable team and only work with the best contractors, so we understand that they are appealing prospects for your next round of recruitment. We ask that at no stage do you or any of your related corporations, actively induce, solicit, engage or employ any employee of PWS Digital. If you do choose to induce, solicit, engage or employ any employee of PWS Digital, you will have to pay a replacement fee of A$60,000 (GST exclusive). We believe this is a fair and reasonable estimate of the cost to us for replacing talent.
4. Internet marketing and search engine optimisation:
We build and manage our websites so that they are well positioned to rank in search engines. We do not however make any guarantees on ranking performance as this is out of our hands. It ultimately comes down to the quality of your content, keyword competition and the search engine algorithms. We are not one of those companies that promise first page ranking results, it’s not our thing. If you need dedicated SEO solutions or Adwords plans, we are happy to work with 3rd party providers or recommend you to our preferred company.
If something happens and you need to terminate your website subscription, it’s ok, but any payments for your current billing period are non-refundable.
We also reserve the right to terminate a contract when:
- The scope of work exceeds the monthly amount allowed by your subscription. Unless otherwise stated, this is 2 hours per calendar month.
- The client is slow to respond. We deem slow to respond as more than 30 days waiting for content, a brief, a revision, payment, final sign off or general delays resulting in a halt in our production.
- We deem the work unethical or against our normal operating processes and procedures.
What you see in the quote is what you will get. If you need to add anything, we are always happy to review the scope of work for you. Please note that once you have agreed to the quote we will need to stick to it as much as possible. We are flexible to enable changes from the initial scope, but please keep in mind this will more than likely affect the time required for production.
7. Project and task delivery:
When a project schedule or timeline is provided, this is deemed as an estimate. We are very passionate about not exceeding these timeframes. Our work involves different parties, it’s teamwork, and sometimes it can be delayed. We request that you keep our pace, slow decision making or feedback can really delay our production and ultimately the completion of the project.
8. Exclusion of liability:
You agree that PWS Digital is not responsible for any damages or loss of revenue, opportunity and or profit. PWS Digital is also not liable for any damages incurred indirectly by any 3rd party’s related to the client or the client’s business.
Both yourself or PWS Digital can terminate the agreement if needed. We believe that a 30-day written notice to the other party is a fair way to manage this matter. If you do not pay us or obstruct our work in any way, we will be allowed to terminate the agreement anytime.
If you choose to terminate the contract before its completion, we are unable to refund payments previously made. You will also have to cover the costs for any unpaid work. If delivery requires additional costs, you will have to cover them. PWS Digital has the right to terminate the agreement at any time if you become insolvent.
10. 30 Days money back guarantee
If you are not satisfied with your chosen plan, please let us known within the first 30 days from sign-up that you would like to cancel your plan. We will then close the account and refund your first months payment. Please note, you will not receive a copy of your newly improved site, so please make sure you have a backup of your site prior to signing up.
11. Payment – refund policy:
After work commences on any quoted and approved work, refunds are at our sole discretion and based on work completed to date for the project in question.
12. Payment methods:
We accept payments via VISA, MasterCard and AMEX. We also accept Apple and Google Pay. We do not accept cheques under any circumstances.
13. Payment of balance:
Ensure you are on time with payments. We need them to complete your work! We will not be able to deliver the final product unless full payment is received.
14. Future support:
Once delivered, your website will be ready to use, fully functional. If you need future support, we can agree on an on-going support plan.
15. Grace period:
We offer a grace period: you have 7 days, from the date of completion of any tasks, where all minor modifications to the site are free. If you have major changes to be made, we will need to assess them and decide whether that might need to be additionally charged.
16. Access to client hosting space:
In order to monitor and support we may require ongoing access to your hosting space or domain name accounts. Please keep us up to date with any change of user ID and passwords otherwise we won’t be able to access.
If we host your website(s) for you, this will be maintained by us and we do not provide access to our hosting environment to clients or 3rd parties unless previously agreed upon.
17. 3rd party conflicts:
If you need anybody else to access the site whilst in production or live, bear in mind that we are not able to extend the warranty to 3rd parties and if we need to repair something they have done, you will be charged accordingly.
PWS Digital is not responsible for 3rd party software failures or other products outside warranty, inclusive of WordPress themes and plugin issues.
If we feel that the website is going to be used for illegitimate purpose then we have the right to refuse the completion of the website in order to protect clients, consumers and ourselves as we have responsibilities towards all stakeholders.
19. Malicious attacks:
Although we take website security very seriously, from time to time a website may be victim to a malicious attack. These are out of our hands and if we are required to fix issues created by malicious attacks after completion, additional costs may incur.
20. Compliance with ecommerce, accessibility or other regulations:
You are required to ensure that the website and its content comply with current online trading laws and regulations, in the countries applicable to your business/market.
21. Compliance with laws and regulations:
We are not responsible for any failure to comply with laws and regulations related to accessibility, selling online or those specific to business or trade. We suggest you take legal advice.