1. STANDARD TERMS AND CONDITIONS
These are standard terms and conditions for Software Design and Development, Marketing and Service Support that apply to all contracts and all work undertaken by Sprint Digital for its clients.
2. OUR FEES AND DEPOSITS
Each project budget is customised to suit the requirements of the project plan. If the project plan does not include a specific payment plan a 50% deposit of the total fee payable is due immediately upon you instructing us to proceed with the works. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the "approval of work" and "rejected work" clauses. We reserve the right not to commence any work until the deposit has been paid in full.
Any deposit amount is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed or softcopy material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to design. However, we have the right to limit the number of design proposals to a reasonable amount depending on the project and may charge for additional designs if you make a change to the original design specification.
Our development phases are flexible and allow certain variations to the original specification. If the project is a fixed price (waterfall methodology) any deviation from the specification will be charged at the current hourly rate.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full cooperation and complete and final content of text and media. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. Because we depend on the delivery of information from outside sources, while we will make every endeavour to meet your deadline, we make no guarantees of delivery within the specified time nor accept any responsibility for failure to meet the scheduled deadline due to any delay in receipt of information from either client or any circumstances beyond our control, mutually agreed project variations or failure of the client to comply with negotiated schedules.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the balance of the project budget.
Any disputes concerning must be made within 7 DAYS of invoice issue date. Otherwise, the invoice will be considered in good order.
To ensure and ease the up-to-date recording of your payment, please send us your payment details and invoice number by email at firstname.lastname@example.org
Please make full payment by the due date stated to avoid incurring 1.5% per week Late Payment Charge.
We reserve the right to suspend or terminate all services should payment not be received BY due date. There will be an Administrative Fee applicable for reactivation of services upon suspension.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your project.
As soon as a project is deployed you must indemnify us and hold us harmless from any claims or legal actions related to the content of your application, marketing or website.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your application, marketing or website.
10. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website or application. We perform basic search engine optimisation according to current best practice. Any search engine management or advertising is covered under a separate marketing agreement.
11. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of under Sprint Digital any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
While we make every effort to complete all projects with our existing team, we reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
15. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. If requested backups can be provided by us, each system is custom built so backup requirements are quoted separately.
17. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
If we purchase any domains or hosting on your behalf we will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
18. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Queensland. You and Sprint Digital submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
19. CROSS BROWSER COMPATIBILITY
By using current versions of well supported frameworks we endeavour to ensure that the software we create is compatible with all current modern web browsers such as the most recent versions of Microsoft Edge, Firefox, Google Chrome and Safari. If legacy support for Internet Explorer is required a project variation of an additional 10% will be charged. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Sprint Digital and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.