Terms and Conditions
Getting down to the nitty gritty
Pricing, Invoicing and Payment Terms
All prices quoted in this proposal exclude GST and are valid for 30 days.
Our charges are based on time, complexity and urgency as determined at the time of quoting. Where a project deadline changes and is brought forward, additional charges may apply.
Inline with standard industry practice, we reserve the right to invoice 50% of each project element upfront prior to commencement, with payment due within 14 days. The balance will be invoiced upon completion of the project.
Where a project consists of and has been specified as a number of separate elements, each individual element will be invoiced upon completion. Tinker Creative reserves the right to invoice work-in-progress where a project extends beyond a month end.
Payment terms are 14 days from invoice unless otherwise arranged.
Design concepts, revisions, authors’ edits and omissions
Unless otherwise specified, prices quoted in this proposal are based on the specification and briefing provided to Tinker Creative and allow for the development of a single design concept plus one round of design layout revisions. This excludes any authors’ changes.
Any additional concepts, unspecified revisions, authors’ edits or omissions will be agreed to upfront and charged separately based on the actual work undertaken at our standard hourly rate.
Variation in design costs
Final charges may vary depending on the actual nature of the work undertaken or if the scope of the project is changed after briefing and quoting. We will advise if there is any foreseen change to the costs detailed in the proposal.
After hours work
Where we are required to do work outside of normal business hours for whatever reason, our hourly rate is billed at double-time. We recommend that projects are planned well in advance in order to avoid additional after hours charges.
Specialised graphic elements
This cost estimate excludes the development and deployment of any specialised graphic elements other than those specified herein. If required, this would be charged on an hourly rate based on the extent and nature of the required specialised graphic elements.
Unless otherwise specified, the extent of our project management activities will include direct liaison with the primary client contact, taking instructions and briefings (it excludes time incurred dealing with any 3rd party suppliers or associates that the client may introduce)
Where Tinker Creative is required to provide additional project management capability beyond what has been specified within this proposal, such activities will be charged separately based on the actual work undertaken.
Tinker Creative ‘s ability to deliver on deadlines relies on the timely provision of material by our clients as discussed and agreed in the project brief, and their active participation in the approval and sign-off processes.
Images and photography
Usually our clients would provide us with adequately high resolution images for the particular project. Where we are required to source, supply, reformat or retouch images, this service may incur additional costs, depending on the nature of the work required. Unless otherwise stated image sourcing and manipulation is not included.
Provision of content and artwork
Where Tinker Creative has agreed to upload the initial website content to the site, content is to be supplied in the following manner:
Text for page content is to be the final, fully proofed version in a Word document. Unless otherwise agreed all content is to be supplied at one time rather than being drip fed to us.
Subsequent authors’ revisions to the content can be made by the client using the CMS. Images are to be supplied as individual .jpg or .png files and are not to be embedded into other documents.
Logos and other important graphic elements should ideally be supplied as vector artwork such as .pdf or eps. Other acceptable formats are .jpg, .png or .gif.
As WordPress is open-source software, all themes and plugins are created by third party developers. The benefit of this is that you have access to sophisticated and powerful plugins for minimal cost.
While we do our best to ensure that only the most reliable and well-supported plugins are used when building your site, the nature of open-source software means that we cannot guarantee a plugin will be supported long term by the developer.
On the rare occasion that a plugin stops functioning correctly due to a WordPress upgrade or is no longer supported by the developer, it may be necessary to install a replacement plugin. We reserve the right to charge for this work.
Tinker Creative is unable to guarantee the correct rendering and operation of your website in future, yet to be launched versions of any web browser. Likewise, we cannot guarantee the operation of the website in relation to as yet unreleased versions of WordPress or related plugins, themes and extensions. This is simply due to the fact that we do not know how web technology or software functionality may change in the future.
Benefit from our website hosting expertise
The successful implementation of your website on a hosting server is a complex technical process. When we design and code your website on our development server, we know it will work perfectly in our hosting environment.
Should you choose a third party to host your website there can be unforeseen compatibility issues. Any time incurred rectifying these issues will be charged at our standard hourly rate or part thereof.
Tinker Creative has taken care to select a high quality and reliable hosting provider for its web hosting facility, however, no guarantee can be made in terms of up-time of the server. Tinker Creative will not be held responsible for any loss of business or disruption of email due to web server outage.
Hosting charges will commence either 30 days following site handover to the client for content loading or when the website is made live, whichever comes first. We provide this 30 day grace period to allow you ample time to upload content to your site.
Web hosting ‘fair use’ policy
All resources are limited to one extent or another and our unlimited plans are no different in this respect. Our unlimited usage plan simply ensures that your service and billing is not affected if your usage spikes or you are using more than the average amount of resources.
We will contact you to discuss alternative options going forward if you are continually using a high level of resources beyond what is considered reasonable. There will not be any charges in arrears.
Website design credit
All Tinker Creative web design clients will have a small text link in the footer of their website linking back to our site.
Limitation of liability
Tinker Creative acts in good faith and makes every effort to provide prudent guidance and advice, it accepts no responsibility or liability in any way, manner or form for the outcome of any guidance or advice provided by its personnel or agents, nor for the uniqueness, register-ability or trademark capability of any graphic material developed by Tinker Creative. The client acknowledges that all guidance, advice and design work is provided by Tinker Creative in good faith and that the client acts upon it at its own discretion and risk.
Tinker Creative will not be liable for any loss (whether direct or indirect) caused to the client by any matter beyond the control of Tinker Creative. This includes any malicious act (or hacking), or an act or omission by any third party who provides services to Tinker Creative which are necessary for Tinker Creative to supply the services and products to the client.
Tinker Creative’s liability in all circumstances, including breach of this contract, is limited to the cost of the services provided from which such liability arises.
The client will indemnify Tinker Creative against all costs incurred and/or losses suffered by Tinker Creative due to any material required by the client in any product or service being illegal, offensive, defamatory, or libellous.
Tinker Creative will not be liable for any alterations made to the product or service once completed and handed over to the client that may make the website non-functional or material illegal, offensive, defamatory, libellous or otherwise inappropriate.
Tinker Creative will not be liable for any unauthorised access to client accounts, file management or hosting systems after product acceptance by the client. Tinker Creative strongly recommends that the client uses strong passwords on all accounts and that they change all login and password information for hosting access, file transfer capability, email and any other accounts that the client has given Tinker Creative temporary access to during the design process.Whilst
I’m sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We issue invoices electronically. Payment terms are stated on each invoice. Should any outstanding account become overdue, we reserve the right to charge interest. We also reserve the right to pass this debt on for collection. At this point you will also become liable for any collection costs.
If an invoice has not been paid within 60 days of the date of issue, all services relating to that invoice shall be suspended. These services shall be reinstated once payment (in full) has been made but may incur a re-establishment fee.
Once a service has been terminated, we will retain your latest backup for a period of 30 days, after which your files will be deleted.
Intellectual property rights
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you have permission to use them. When you provide text, images or other artwork to Tinker Creative, you agree to protect me from any claim by a third party that we are using their intellectual property.
Provided you’ve paid for the work and that this contract hasn’t been terminated, we will assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. Tinker Creative will supply source files and finished files to you upon request, and you should keep them somewhere safe as we are not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
Tinker Creative will own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design and will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.