DP Web Design Terms & Conditions

• Quotations and Pricing:

  1. Estimates: All quotations provided by DP Web Design are estimates only and are subject to change based on project requirements and specifications. If the project costs exceed the initial estimate, the client will be notified and provided with a revised quote.

  2. Causes for Price Adjustments:

     • Client-Requested Enhancements: Additional features requested by the client that were not included in the original estimate.
     • Essential Enhancements: Enhancements added by DP Web Design that are crucial for the functionality and professional presentation of the project.
     • Research Limitations: In cases where comprehensive research of client specifications was not feasible within the time frame originally allocated for preparing the quote.
     • Third-Party Costs: Necessity for third-party software or scripts to complete the project.

  3. Scope Changes: Any modifications to the initial scope of work may incur additional charges. All changes must be mutually agreed upon in writing by both parties.

  4. Validity of Quotations: All quotes provided by DP Web Design are valid for a period of three months from the date of issuance.

  5. Dispute Resolution: In the event of any dispute concerning the quotation, pricing or services rendered, the parties will seek to resolve the matter through negotiation or mediation, prior to commencing any formal legal proceedings.

  6. Client Acknowledgement: By making a deposit, clients are deemed to have accepted the initial quotation and any subsequent revisions, as well as the terms and conditions of the project. This act of payment signifies an agreement to proceed under the terms discussed and serves as acknowledgment of the project's scope and associated costs.
• Payment Terms:

  1. Deposit: A deposit of 33% of the total project cost is required before any work can commence. This deposit is deemed acceptance of the terms and conditions of the project, including all quoted prices and specifications.

  2. Final Payment: The remaining balance of the project cost is due before the project goes live. Clients will be issued a final invoice when the project is ready for launch, and payment must be received and cleared before the website is made publicly accessible.

  3. Delays: If the project is not completed within 90 days due to client-originated delays or requests for modifications that extend beyond the original scope, the remaining balance will still be due. This is to ensure that DP Web Design is compensated for time allocated and resources used in the extended project duration.

  4. Additional Work: Any requests for additional work or features that extend beyond the initial agreed scope may incur extra charges. These will be quoted separately and will require a supplementary deposit.

  5. Late Payment: Late payments may incur a late fee of 2% per month on any outstanding balance. Clients are encouraged to communicate early if there are any expected delays in payment to discuss potential arrangements.

• Cancellation Policy:

  1. Deposit and Prepayments:

     • No Refund on Commenced Work: Once work has commenced on the project, the deposit is non-refundable as it covers costs already incurred and resources allocated by DP Web Design.
     • 7-Day Refund Window: A refund of the deposit is possible within 7 days of payment, provided that work on the project has not yet commenced. If the client has paid the full project cost in advance, a refund of this payment is also possible within the same 7-day window, under the condition that no work has begun.

  2. Service Migration Option:

     • Alternative to Refunds: If a project is cancelled after the 7-day window, while no refund will be issued, clients may choose to apply the value of the deposit or any prepayments to other services offered by DP Web Design. This must be of equal or lesser value, and any differences will not be refunded.

  3. Transfer of Services:

     • Flexibility in Service Allocation: Clients who have paid in full and decide to cancel after the commencement of work or after the 7-day window, but before the project's completion, have the option to transfer the full value paid to other services offered by DP Web Design, as long as the new service commences within 12 months of the original payment date.
     • Transferability to Another Business: If a client wishes to transfer their project or the value of services to another business entity, this can be facilitated by DP Web Design. The original client must provide written consent for the transfer, along with confirmation of acceptance from the new business entity, subject to DP Web Design’s approval.
• Scope of Work:

  1. Documentation and Agreement:

     • The scope of work for each project will be outlined in a project proposal, quote, or contract provided by DP Web Design. Any changes or modifications to this scope must be agreed upon in writing by both parties.

  2. Client Responsibilities:

     • The client is responsible for providing all necessary content (text, images, videos, etc.) required for the completion of the project, unless otherwise stipulated in the contract.
     • The client assures that all content provided is legally obtained and they have the right to use it. The client will indemnify DP Web Design against any legal claims or disputes related to copyright infringement or any other misuse of intellectual property associated with content they provide.

  3. Content Liability:

     • DP Web Design is not responsible for verifying the copyright status or ownership of the content provided by the client. Responsibility for the legality and appropriateness of content rests solely with the client.
     • DP Web Design is not liable for errors, omissions, or legal violations in the content provided by the client. While DP Web Design will ensure the website meets technical and design specifications, the client remains responsible for the content’s compliance with all applicable laws, including copyright, trademark, and privacy regulations.

  4. DP Web Design-Sourced Content:

     • Any images, text, or other content sourced by DP Web Design for inclusion in the project will be obtained legally, either through direct licensing or through appropriate channels that provide rights for commercial use. DP Web Design ensures that all sourced content is used in compliance with its respective licenses and legal constraints, safeguarding both the client and DP Web Design from legal disputes regarding copyright issues.
• Intellectual Property:

  1. Ownership of Design Concepts:

     • DP Web Design retains ownership of all original design concepts and materials produced for the client, except for elements that are based on or inspired by the client's existing branding or materials. Ownership of these specific design elements can be transferred to the client if such an arrangement is agreed upon in writing.

  2. Client License:

     • The client is granted a non-exclusive, non-transferable license to use the design materials created specifically for their project. This license is restricted solely to the purposes for which the materials were originally created, as outlined in the project documentation.

  3. Restrictions on Use:

     • The client may not modify, sell, or distribute the materials provided by DP Web Design without prior written consent. This includes, but is not limited to, any graphics, code, templates, or other materials produced by DP Web Design as part of the service offering.

  4. Extended Usage:

     • If the client wishes to use the design materials for purposes beyond the scope originally agreed upon, they must obtain additional licensing from DP Web Design. This may involve further negotiations and potentially additional fees, depending on the extent of the new usage intended.
• Confidentiality:

  1. Mutual Confidentiality:

     • Both DP Web Design and the client agree to treat all information and materials exchanged during the course of the project as confidential. This includes, but is not limited to, business operations, document designs, data, technical processes, and marketing strategies.

  2. Exceptions to Confidentiality:

     • The obligation to maintain confidentiality does not apply to information that:
       • is or becomes publicly known through no breach of this clause;
       • is received from a third party without breach of any obligation of confidentiality;
       • is independently developed by a party without direct use of the confidential information.

  3. Use of Information for Marketing:

     • DP Web Design may use the client's name and project details for marketing purposes, such as in portfolios, case studies, or promotional material. However, this is subject to an opt-out by the client. The client must specifically request, in writing, that their information not be used for such purposes.

  4. Duration of Confidentiality:

     • The confidentiality obligations set forth in this agreement shall remain in effect for a period of two years following the completion or termination of the project, ensuring that sensitive information remains protected even after the project's conclusion. 
• Warranties and Liability:

  1. Warranties:

     • DP Web Design warrants that all materials created specifically for the client are original and developed by DP Web Design, and to the best of our knowledge, do not infringe upon the intellectual property rights of any third party. However, this warranty does not cover any materials or content provided by the client or third parties.

  2. Limitation of Liability:

     • DP Web Design is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
       • The client's use or inability to use the materials created;
       • Any unauthorised access to or alteration of the client’s transmissions or data;
       • Any other matter relating to the services provided.

  3. Third-Party Services and Materials:

     • DP Web Design is not responsible for any loss or damage arising from the client's use of third-party services or materials, even if these have been recommended by DP Web Design. The client acknowledges that any engagement with third-party services or use of third-party materials is at their own risk and discretion.

  4. Disclaimer:

     • Except as expressly provided in these terms, all materials and services provided by DP Web Design are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
• Governing Law:

  1. Applicable Law:

     • These terms and conditions, and any agreement between DP Web Design and the client, shall be governed by and construed in accordance with the laws of Queensland, Australia. This choice of law applies to all aspects of the relationship, including, but not limited to, the interpretation of terms, the rights and obligations of the parties, and any disputes that may arise.

  2. Dispute Resolution:

     • In the event of any disputes arising from or related to these terms and conditions, or the services provided by DP Web Design, such disputes shall be resolved exclusively through binding arbitration. The arbitration will be conducted in Townsville, Queensland, Australia.
     • The arbitration process will be conducted by a mutually agreed upon arbitrator, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) or any other arbitration institution agreed upon by the parties.
     • The decision of the arbitrator shall be final and binding on both parties, and no party shall have the right to appeal such decision in any court of law, except for matters concerning enforcement of the arbitration award.

---

• Pricing & Payment Security :

  Payment: DP Web Design operates multiple payment schedules depending on the type of work requested.

  • New Website Builds or Large Projects (Quoted Work): To commence work on any new website or large project, DP Web Design requires a one-third deposit of the quoted amount. After all work is finalised by the designer and approved by the client, the remaining two-thirds must be paid (or proof of payment, i.e., bank transfer) before the site goes live on the Internet or the work is handed over to the client. If you are on a payment schedule, the site will go live after the first instalment has been paid.

  • 7 Day & 21 Day Payment Schedule (Under & Over $500): These payment schedules apply only if the work completed by DP Web Design was not officially quoted (e.g., site modifications, hosting, domain names, call-out, help calls, updates, and upgrades). DP Web Design does endeavour to provide a verbal estimation before any work begins; however, these are not official quotes but estimations.

    • Invoices Under $500: Payment is due within 7 days of invoice issuance unless special arrangements have been made. Failure to pay within 7 days will result in the cancellation of your service (email and website will become inaccessible). Reinstating your account will incur a $22 service fee.

    • Invoices Over $500: Payment is due within 21 days of invoice issuance unless special arrangements have been made. Failure to pay within 21 days will result in the cancellation of your service (email and website will become inaccessible). Reinstating your account will incur a $22 service fee.

  Security Capabilities & Policy for Transmission of Payment Card Details:

  • DP Web Design does not collect or store your credit card details as payment is processed through third-party payment gateways or by direct deposit.

  Call Out Fees:

  • There is a call-out fee of $120 (GST inclusive). This fee covers up to the first hour of work, timed from office departure. After the first hour, time is billed at the normal hourly rate of $120 (GST inclusive), calculated based on the percentage of the hour used.

  Domain Registration:

  • Depending on the type of domain purchased, payments are due annually or biannually. For clients with multiple domains resulting in numerous separate invoices for domain and hosting, we can consolidate all invoices to be sent on the same date, either annually or biannually.
• Hosting Services:

  DP Web Design offers an exclusive hosting package available only to our clients. This package includes website security and backup features. Further details about the package can be found here.

  Security Enhancements for DP Web Design Websites

  Due to increasing security threats against servers and dynamic CMS websites like Joomla and WordPress, DP Web Design has upgraded its hosting infrastructure. All dynamic sites are now hosted on a dedicated server equipped with the following advanced hardware specifications:

  • CPU: AMD Ryzen 9 5900X - 12 cores / 24 threads - 3.7 GHz / 4.8 GHz
  • RAM: 64 GB ECC 3200 MHz
  • Data Disks: 2×1.92 TB SSD NVMe with Soft RAID
  • Region: Asia Pacific (Singapore – Singapore)

  What This Means for You:

  • Your website will be hosted on a server directly managed and controlled by DP Web Design.
  • Your business website will receive continuous backups, stored at multiple locations to ensure the latest version of your site is always available and recoverable.
  • In the event of hacking or any major issue, DP Web Design will restore your website from the most recent backup.
  • We offer low-rate support packages that ensure your website is updated with the latest secure versions as they become available, maintaining high security levels.

  Note: DP Web Design is not responsible for content added by the client, but only for the site’s functionality, design, and setup as originally quoted.

  Hosting Options:

  • You are under no obligation to use our hosting services. If you choose to host your website elsewhere, DP Web Design accepts no responsibility for any issues or downtime you may experience.
  • If you face problems with another host and require our assistance to resolve these issues, charges will apply at our standard hourly rate.
  • Should you opt for external hosting, DP Web Design can provide a list of recommended hosting companies, but you use these at your own risk.

  Multi-Website Hosting Discount:

  • If you host more than one CMS website with us, each additional site will be charged at $55.
  • Qualification for Discount:
    • Extra hosting must be invoiced to the same entity or company.
    • All services must be included on the same invoice.
    • Invoices must be issued on the same date.
  • Disqualification:
    • Separate invoices for extra hosting disqualify you from this discount.

  Hosting, Security & Maintenance Package

  • Joomla Updates: Joomla versions within the same major release (e.g., 1.5x, 2.5x, 3.x, 5.x & 6.x) are monitored and updated. Transitioning to the next major Joomla version will incur an additional cost.
  • Components, Modules, & Plugin Updates: Updates for third-party extensions are performed where available. Updates for paid or subscription-based extensions are carried out only upon client request, and fees apply.

  Hacked & Compromised Websites

  • Not Covered by our Hosting & Security Package: If a client opts out of hosting with DP Web Design and does not purchase our Hosting & Security Package, we are not responsible for any hacked or compromised websites. In such cases, it is the customer’s responsibility to cover any costs needed to secure the site again.
  • Hacking insurance (no charge fix) covers only DP Web Design Developed Websites: The hacking component of the Hosting & Security Package means you don't pay for us to fix your website, but is only valid if the site is developed by DP Web Design. If you still take out the hosting package and your site was developed by another developer, we will charge a reduced hourly rate when fixing any issues.
• New Websites:

  Visual Differences: Due to the nature of web design and programming, websites can appear differently across various devices and browsers. Factors such as screen resolution, operating system, and browser type may affect the appearance of a website. Clients must be aware of these potential variations, and DP Web Design will not be held responsible for such discrepancies.

  Browser Variations & Versions: While all completed websites are tested on major browsers, older versions such as Internet Explorer v.8 & v.9 are not included in standard development due to their low usage rates. Support for these browsers can be provided at an additional cost upon client request. Note that some government, school, and university systems may still use these older browsers.

  Content Submission: All artwork and content should be provided in digital format. Additional charges will apply if DP Web Design needs to convert large amounts of text from handwritten submissions.

  Website Development Process: Your website will be developed in three stages:

  1. Pre-Development: Confirmation of all site requirements including menu titles, page information, and functionality requests. A guidance document will be provided to assist with information gathering.
  2. Development: The site is constructed based on the supplied information and requests.
  3. Revisions: The site will be uploaded to a temporary server for client review. Up to three revisions are included before additional fees may apply.

  Project Time Scale: Project timelines are generally dictated by the client. If a specific deadline is set, we will endeavor to meet it. The most common delay is waiting for the client to provide necessary content. Projects are managed according to the DP Web Design Workload & Progress page. Smaller projects may be completed in between larger ones to maintain workflow.

  IMPORTANT: DP Web Design is not responsible for delays caused by the client's slow momentum in supplying content. Initial content must be provided within three months of the deposit payment to commence the project. Projects delayed beyond 12 months from the initial quote may be subject to a reassessment of pricing.

  Changes During Development: Any changes outside the original quote/specifications will be billed at DP Web Design’s hourly rate. Clients will be notified if the cost of changes exceeds one-quarter of the total quote.

  Project Completion: Upon final approval by the client, the remaining two-thirds of the project cost must be paid (or proof of payment provided) before the site goes live or the work is handed over. If on a payment schedule, the site goes live or work is handed after the first installment is paid.

  3-Week Grace Period: A 21-day grace period post-completion allows for minor updates at no charge, including:

  • Minor text changes
  • Corrections of spelling errors in text and graphics
  • Fixing link and email linking errors
  • Resolving functionality issues

  Changes not part of the original quote during this period will be charged at the standard hourly rate.

  Post-Completion Access: DP Web Design may access your site post-completion to check components, modules, plugins, or other functionalities unless explicitly requested not to by the client in writing.

  Site Updates Post-Grace Period: Support packages are available at various hours and rates for ongoing site maintenance (details at www.dpwebdesign.com.au/support-packages). Minor updates without a support package are billed in 15-minute increments.

• Returns & Refunds:

  Domain Names: Please choose your domain name carefully. DP Web Design registers and purchases domains through a reseller; therefore, once a domain is purchased, there are no refunds unless DP Web Design has not yet registered the domain with the reseller. If the domain name is misspelled or incorrect due to an error by DP Web Design, or if it does not match the client’s written specifications, a full refund will be issued.

  Hosting: Hosting fees are paid annually. Once hosting is paid for and set up, it must run for the full payment term. While your site can be deactivated at your request, no refunds will be provided for any remaining time.

  Completed Work: All work is finalised and approved by both the client and the designer before billing. Consequently, there are no refunds on labour. However, any issues or errors with the completed work that arise after payment will be rectified by the designer at no additional cost, provided these corrections do not extend beyond the original scope of work.

  Project Deposits & Cancellations: All deposits are refundable within 21 days of payment, subject to a 15% administration fee. After 21 days, no refunds are given. If a project is cancelled by the client for any reason after this period, and if work has commenced that exceeds the amount of the deposit, the client will be invoiced for the outstanding work hours.