The Client: The company or individual requesting the services of Digital Connections Australia
Digital Connections: Primary designer/site owner & employees or affiliates. Our formal trading entity is Digital Connections Australia (ABN: 99 734 103 437).
Digital Connections will carry out work only where an agreement is provided either by email, telephone or mail. Digital Connections will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Digital Connections and the client, this includes telephone and email agreements.
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of Digital Connections Australia. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Digital Connections Australia
There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
Digital Connections Australia will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
Any bugs (programming errors) reported during or just after the development does not attract additional charges.
Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances Digital Connections Australia be liable for any delays caused by change in the project brief.
Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
If your website/application is not hosted on a synapse server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
Please note that at any stage during the project, stalling of the project for over two calendar months will incur $99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
Digital Connections Australia (not including open source software) are copyrights of Digital Connections Australia. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Digital Connections Australia does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
Digital Connections Australia takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
Digital Connections Australia offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Digital Connections Australia generally builds and tests the websites/applications on our own servers or hosted domains. Digital Connections Australia cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
Client may terminate this website development services agreement at any time by providing written notice via email or certified mail to the Developer.
Developer may cancel this agreement in the same manner if necessary.
In the event that this website development services agreement is cancelled by either party, the Developer shall issue a final invoice for any unbilled time or materials. The Client agrees to pay the final invoice according to the terms of this website development services agreement.
This website development services agreement shall be governed by the prevailing laws of Queensland, Australia. Should any conflicts arise related to this agreement, the Parties agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.
• Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Digital Connections Australia, upon full payment of any outstanding invoices, Digital Connections Australia will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
All prices are quoted in Australian dollars are inclusive of GST unless specified.
• All invoices are to be processed as per the schedule via your preferred method of payment.
• There is a surcharge charged for payments made via Xero Accounting Software. This is charged by eWay or Stripe for the credit card payments.
• Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.
• Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
• Digital Connections Australia reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
• Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $5.50 per month, from the due date.
Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Synapse Worldwide will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
• If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.
• Digital Connections Australia generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.
The information that we collect about you is used only for keeping you up to date. We do not publish
your personal information. We may give access to identification data we obtain and transaction
records to appropriate and competent advisors or authorities for the purpose of obtaining advice.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Digital Connections cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Digital Connections until all outstanding accounts are paid in full.
Any scripts, web applications, php scripts, or software (unless specifically agreed) written by Digital Connections remain the copyright of Digital Connections and may only be commercially reproduced or resold with the permission of Digital Connections.
Digital Connections cannot 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 additions to the brief will be carried out at the discretion of Digital Connections and where no charge is made by Digital Connections for such additions, Digital Connections accept no responsibility to ensure such additions are error-free and reserve the right to charge an according to the amount for any correction to these or further additions. We will notify you of any variations to the brief and quote you prior to commencing any work.
The client agrees to make available as soon as is reasonably possible to Digital Connections all materials required to complete the site to the agreed standard and within the set deadline.
Digital Connections will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Digital Connections will not be 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.
Digital Connections will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Digital Connections 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.
A deposit of 50% is required with any project before any design work will be carried out.
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 to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Digital Connections cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem-free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, web applications or software (unless specifically agreed) written by Digital Connections remain the copyright of Digital Connections and may only be commercially reproduced or resold with the permission of Digital Connections.
Where applications or sites are developed on servers not recommended by Digital Connections, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for 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 test fully any application or programming relating to a site developed by Digital Connections before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Digital Connections will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Digital Connections 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 all major modern web and mobile browsers.
No guarantees can be made as to the availability or interruption of this service by Digital Connections cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Digital Connections reserve 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 free 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 Digital Connections policy that any outstanding accounts for work carried out by Digital Connections 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 Digital Connections.
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 Digital Connections have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the clients credit rating.
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 if necessary court summons.
Anyone who experiences a problem with their web service provided by Digital Connections should raise the matter directly using our online contact form ( https://www.digitalconnections.com.au/contact ) to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Digital Connections will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Digital Connections, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
• Hosting charges are not included in the quotations unless mentioned otherwise. Digital Connections Australia can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Digital Connections Australia will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.