Terms and Conditions

August 23, 2023

Terms and Conditions

All clients are required to read our terms in full and agree before commencing any work.

Please note the following terms and conditions are current as of August 23, 2023. All prices no include GST. Our pricing and offerings are reviewed annually each year and any changes in prices and offerings take effect from the following month.aid for / required.

Project Scope

WebsiteDesign.wearefree.digital provides this quotation based on our best understanding of the website scope and requirements discussed during the course of our conversations and meetings to date. If there are any inaccuracies, please notify WebsiteDesign.wearefree.digital so that we can make the necessary adjustments. Once this quotation is approved, if there are any changes or alterations beyond the scope as outlined in this proposal, additional costs may be incurred.

Project Timings

This quotation is valid for 60 days and is based on the proposed project commencing within 60 days of this agreement being signed. WebsiteDesign.wearefree.digital reserves the right to re-quote if the project is yet to commence within 60 days of this agreement being signed. WebsiteDesign.wearefree.digital will work to the proposed timings outlined in this proposal. However, if the project becomes dormant or is delayed beyond WebsiteDesign.wearefree.digital’s control (such as supplying of content, providing feedback, etc.), the proposed timings will be adjusted accordingly, and WebsiteDesign.wearefree.digital reserves the right to re-quote the project if needed.

Website Package Process

WebsiteDesign.wearefree.digital follows a specific process for Website Packages. More detailed information can be provided by contacting us.

Website Design & Development

WebsiteDesign.wearefree.digital is responsible for the design and development of the website defined by the scope outlined in this quotation. Unless specifically outlined in this proposal, WebsiteDesign.wearefree.digital does not produce wireframes or visual mockups as part of our standard website process. If the client requests WebsiteDesign.wearefree.digital to produce wireframes or visual mockups, additional costs may be incurred. The website will be designed and developed on a live staging website environment and will be presented to the client via a secure website link for review, feedback, and/or approval.

Website Intellectual Property

Upon receipt of final payment, the website’s structure, design, and content (images and text) are owned by and are the intellectual property of the client. Any royalty-free images purchased during the project may be used by the client, but the intellectual property of these remains with the photographer and image library from where it was purchased.

Website Content

WebsiteDesign.wearefree.digital requires final client-approved website content prior to commencing the website design & development. Website content includes such things as logos (branding), website copy (text), images (photos), videos, and any SEO meta data. Unless specifically stated in the website quotation, WebsiteDesign.wearefree.digital websites do not include any copywriting, SEO Research & Optimisation, or Video production. If you require any assistance with any of the above items, please speak to [email protected] so that we can provide you with an additional quotation & advice.

Website Content Copyright

When providing website content (such as photos, videos, or music), clients are required to ensure they have the appropriate copyright approval for the use of the material. WebsiteDesign.wearefree.digital suggests always purchasing royalty-free media to ensure you are rightfully licensed to use it on your website to avoid any legal ramifications.

Website Content Definitions

WebsiteDesign.wearefree.digital defines (1) website page as being a website page containing up to a maximum of 400 words and 5 images.
WebsiteDesign.wearefree.digital defines (1) blog/projects page as being a website page feeding in blog articles/projects. WebsiteDesign.wearefree.digital is responsible for the blog/project page template design and population of 1 standard blog article or project.
WebsiteDesign.wearefree.digital defines (1) gallery page as being a page displaying images in a thumbnail or slide gallery containing 10-15 images.
If any website page content or characteristics exceed these definitions, WebsiteDesign.wearefree.digital reserves the right to provide an additional quotation & advice.

Website Revisions

Included in your website package there is 1 x round of website changes and 1 x final round of minor text amends. This ensures the process is as smooth as possible from both ends and allows your site to go live sooner. If there are any changes to this process beyond our control (such as additional rounds of revisions or additional meetings), additional costs may be incurred.

Supplying of Website Copy

When supplying final client-approved website copy, please ensure each individual website page is clearly separated in either a separate Word document page or file. No handwritten or scanned copies that require WebsiteDesign.wearefree.digital to re-type the copy will be accepted. If you require any assistance with copywriting, please speak to WebsiteDesign.wearefree.digital, and we can provide you with an additional quotation & advice. Supplying incorrect or non-final copy that requires additional changes made to the website may result in additional costs.

Supplying of Branding

Please provide WebsiteDesign.wearefree.digital with final client-approved branding along with final colors, fonts, and any other visual references that will aid in the website design process. Supplying incorrect or non-final files that require additional changes made to the website may result in additional costs.

Supplying of Images or Photography

When supplying images/photography, please be sure to provide high-resolution images in JPEG, TIFF, or PSD format. When purchasing stock images/photography, please purchase and download the highest resolution available. If you require any assistance acquiring stock images/photography or arranging new photographs, please speak to WebsiteDesign.wearefree.digital, and we can provide you with an additional quotation & advice.

Supplying of Videos

WebsiteDesign.wearefree.digital requires videos to be filmed and uploaded in high resolution (HD) to a video content library of your choice, such as YouTube or Vimeo. Please provide WebsiteDesign.wearefree.digital with the video URLs to allow us to embed videos so they can be displayed inside the website. WebsiteDesign.wearefree.digital does not host any videos on our website servers. If you require any assistance with videography, please speak to WebsiteDesign.wearefree.digital, and we can provide you with an additional quotation & advice.

Browser Testing

WebsiteDesign.wearefree.digital optimizes every website for optimal user experience appropriate to the capabilities of browsers or devices. Since all browsers and devices have different capabilities, performance, and screen sizes, this may mean the website will appear slightly different due to the capabilities of each browser or device. WebsiteDesign.wearefree.digital tests websites in current versions of the major desktop browsers, including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We do not test non-current, out-of-date, or abandoned website browsers. If required, please speak to WebsiteDesign.wearefree.digital, and we can provide you with an additional quotation & advice.

Mobile Devices

WebsiteDesign.wearefree.digital tests websites on popular small-screen devices such as iOS: Safari and Android 4.1: Google Chrome, Firefox. We do not test on Blackberry, Opera Mobile, or other mobile browsers. If required, please speak to WebsiteDesign.wearefree.digital, and we can provide you with an additional quotation & advice.

Damage or Loss

WebsiteDesign.wearefree.digital is not liable for any damage or loss caused to a website once it has been handed over to the client. We encourage our clients to be careful when editing/deleting pages or content, as information can be easily lost. WebsiteDesign.wearefree.digital is also not liable for any content that is on your website.

Our Website

Every WebsiteDesign.wearefree.digital website is built on WordPress, Prestashop and Shopify, an open-source CMS (Content Management System) platform that is an excellent solution for our clients’ needs. WebsiteDesign.wearefree.digital implements a variety of plugins provided by CMS developers to extend and improve the websites’ functionality. As part of WebsiteDesign.wearefree.digital website hosting, support & maintenance plans, we are able to provide many of the plugins free of charge. However, if there is any additional functionality required, many plugins can attract additional setup costs and annual licenses. WebsiteDesign.wearefree.digital does not own nor control WordPress and is not responsible for any disruption, loss of data, limitations, or inconvenience.

WooCommerce and Others

Every WebsiteDesign.wearefree.digital Ecommerce website is built using the WooCommerce plugin, Prestashop or Shopify, which each of the box is a flexible and powerful Ecommerce solution. WebsiteDesign.wearefree.digital implements a variety of extensions provided by licensed WooCommerce, Prestashop or Shopify developers to extend functionality. As part of our Ecommerce website hosting, support & maintenance, we are able to provide many of the extensions free of charge. However, depending on the functionality, many extensions will attract additional setup costs and annual licenses.

websitedesign.wearefree.digital does not own nor control WordPress, WooCommerce, Prestashop and Shopify and is not responsible for any disruption, loss of data, limitations, or inconvenience.

Footer Link websitedesign.wearefree.digital Link

websitedesign.wearefree.digital websites proudly feature a small websitedesign.wearefree.digital link at the bottom of the footer. This is our way of showing the world how proud we are to have built the website.

3rd Party Platforms/Plugins
websitedesign.wearefree.digital uses 3rd party platforms/plugins to extend the functionality of websites (such as PayPal, WooCommerce, Gravity Forms, and Facebook). websitedesign.wearefree.digital neither owns nor controls any 3rd party platforms/plugins and is not responsible for any disruption, loss of data, or inconvenience caused.

Custom Development
websitedesign.wearefree.digital guarantees Custom Development work upon launch. websitedesign.wearefree.digital cannot guarantee or be held responsible if any Custom Development work breaks or stops working as a result of software updates to Browsers, Devices, WordPress, Themes & Plugins. websitedesign.wearefree.digital is not responsible for any disruption, loss of data, or inconvenience caused as a result, nor any additional costs involved in fixing the Custom Development work.

Website Development Payment Terms
Initial 50% Website Payment
Upon approval of the quotation, websitedesign.wearefree.digital will provide an initial 50% invoice to activate the project. Once payment is received, the project is activated, and a website planning meeting is organized.

50% Website Progress Payment
Once a new website is presented by websitedesign.wearefree.digital for client review, websitedesign.wearefree.digital will issue a 50% progress invoice. Payment of this invoice is required before any further work.

Final Website Payment
Once a website is approved for launch, websitedesign.wearefree.digital will issue the final invoice, which is due for payment before the website goes live.

The invoice will comprise the remaining 50% plus additional work completed as a result of alterations to the original scope. In cases where there is a client-side delay in the project, this final invoice will also be issued 60 days after the initial invoice and is due 60 days after the initial 50% invoice or whichever comes first.

Website Project Alterations
In some instances, clients opt for additional website alterations during the course of the planning, design & development of their website (such as additional pages or additional functionality, etc). This is totally fine as websitedesign.wearefree.digital understands the fluidity of projects where there are many stakeholders involved. Whenever this occurs, websitedesign.wearefree.digital will always notify clients about the impact of any extra costs for full transparency. Upon website approval, websitedesign.wearefree.digital will invoice the client for any additional alterations agreed to during the website project.

In the case of unforeseen client cancellation: 1) websitedesign.wearefree.digital will provide a refund less the establishment fee if canceled within 30 days of payment & prior to a website planning meeting. OR 2) No refund will be provided if the cancellation occurs after the website planning meeting.

Website Hosting, Support & Maintenance Terms & Conditions
websitedesign.wearefree.digital provides website hosting, support & maintenance on a month-to-month basis for our clients with no locked-in fixed-term agreements. We highly recommend this service. This service Includes:

Website Hosting
Phone & Email Website Support*
Software Updates (WordPress/Theme/Plugins, Prestashop or Shopify)
Premium Theme/Plugin Licenses
Access to Video Tutorials & Online Manual
Nightly Website Backups
SSL Certificate (License-Free)
Security & Uptime Monitoring
Service level depending on the following website hosting, support & maintenance plans:

Website Hosting, Support & Maintenance Exclusions
Setting up email on mobile, laptop, or PC devices Technical support for Phones, Computers, IT, and Internet help Performing work or support of 3rd Party Platforms/Plugins such as PayPal, Facebook, or Mailchimp, etc. Absorbing the cost for renewal of new/current domain names SSL Certificates Required for Ecommerce Unlimited bug fixes.

Intellectual Property
Each website’s theme and premium plugin licenses are owned by websitedesign.wearefree.digital and are not the intellectual property of the client nor transferable. Clients can always purchase their own licenses if they choose to and will be required to do so if they request to release their website.

Shared Server Website Hosting

websitedesign.wearefree.digital uses the Australian, American and Spanish web hosting provider to provide shared hosting services and SSL certificates for these clients. Our Hostings Suppliers is renowned for its performance and uptime. As part of this service, websitedesign.wearefree.digital will liaise with the hosting company on our clients’ behalf to resolve any technical issues. However, websitedesign.wearefree.digital is not responsible for any website downtime, related costs, or damages associated with the website being down for any period of time. In the event of downtime, websitedesign.wearefree.digital will work closely with both the client and hosting service to rectify any issues promptly. Should a client’s website monthly traffic exceed the amount outlined in their specific plan, websitedesign.wearefree.digital reserves the right to either move the client to an appropriate website plan or provide a quotation for a suitable custom solution.

Phone & Email Support

websitedesign.wearefree.digital clients have exclusive access to phone and email support. Support is measured using our time tracking system in 5-minute increments and is limited to the hours specified in each website hosting, support & maintenance plan. Understanding that some clients may require more phone & email support than others, if the allocated support hours are exceeded, clients will be notified, and any additional support will be charged in 15-minute increments at our current hourly rate. This will be billed quarterly based on usage. The allocated support hours for each client are reset on the 1st of January each year. Support is available between 9 am to 5 pm, Monday to Friday, and is exclusive to websitedesign.wearefree.digital clients. Please note that support is not available on public holidays or during the annual Christmas closed period. During peak times, there may be a 24-48 hour response time for any support requests.

Website Backups

websitedesign.wearefree.digital performs automatic backups of every website on a nightly basis, and these backups are stored for 30 days. These backups are saved and stored externally in line with our best security practices.

Website Bugs/Fixes

Occasionally, a website may appear broken due to software updates (WordPress, Theme & Plugins), or other factors such as user, browser, desktop, or device errors. websitedesign.wearefree.digital will diligently work to fix all website bugs, including performing additional updates and troubleshooting. We will also engage with website & email hosting providers, WordPress, and theme & plugin authors as needed. The support time for bug fixes will be deducted from the yearly support allowance for each client. However, it’s important to note that websitedesign.wearefree.digital cannot provide unlimited bug fixes, as we are not responsible for the development & maintenance of WordPress, Elegant Themes, and the various plugins used to operate each website.

Website Access

Clients of websitedesign.wearefree.digital are granted Editor level access to their websites, enabling them to easily add, edit, or delete pages and content. websitedesign.wearefree.digital remains the sole Administrator for the website. For security reasons, unless requested in writing, websitedesign.wearefree.digital does not grant Administrator or FTP/cPanel access to clients or third parties. This is because websitedesign.wearefree.digital cannot guarantee or warrant the work performed by third parties. Additionally, websitedesign.wearefree.digital holds no responsibility for any loss or damage to the website, backups, or database once Administrator access has been granted.

Domain Name Ownership

While websitedesign.wearefree.digital manages domain names for many of our clients, legally, each and every domain name remains the property of the clients who are the rightful ABN/ACN holders of their businesses. If any client wishes to be released from our management, websitedesign.wearefree.digital agrees to assist in releasing the domain name(s) free of charge.

Review of Services

websitedesign.wearefree.digital reserves the right to conduct annual reviews of its services and prices. In the event of any changes, websitedesign.wearefree.digital will notify clients before implementing new services and prices in the following month.

Release of Website

Should a client request to cancel or release their website, websitedesign.wearefree.digital requires 30 days’ notice. Upon such a request, clients need to acknowledge the transfer of responsibilities and the termination of ongoing web hosting services and support upon release. Once agreed upon, websitedesign.wearefree.digital will provide the client with the EPP code required to transfer the domain name. websitedesign.wearefree.digital will also remove all premium plugin licenses, associated tools, and backup the website’s core and database files. These files will be made available to the client as a downloadable link via FTP. Following this, the client has a 30-day window to set up new website hosting, arrange the transfer of their domain, and engage the services of a web developer to perform the website migration. It’s important to note that websitedesign.wearefree.digital is not responsible for the migration of the website, the setup of email addresses, or forwarders on the new servers. All such responsibilities fall under the purview of the client. After the 30-day period, websitedesign.wearefree.digital will remove the website from its server and cancel all services. Please be aware that websitedesign.wearefree.digital is not responsible for any loss of data during this process.

Migration of Website to External Hosting Provider

At any stage during the project or after launch, should a client request websitedesign.wearefree.digital to perform a migration of the website to an external website hosting provider, a migration fee of $670 no including GST will be applied. websitedesign.wearefree.digital requires 30 days’ notice to carry out the migration. Unless specifically requested and quoted, websitedesign.wearefree.digital is not responsible for setting up the new website hosting or configuring email addresses and forwarders on the new servers. These responsibilities lie with the client, including Domain Name Transfer, DNS Record Updates, Zone or Email records. Once the migration fee is paid, websitedesign.wearefree.digital will migrate the existing website to the new hosting allocation. However, websitedesign.wearefree.digital is solely responsible for migrating the current website and ensuring the correct website functionality is maintained. The client will receive a list of WordPress website server requirements and plugin license details to ensure that their chosen hosting environment is suitable prior to the transfer.

Monthly Hosting Payment Terms

websitedesign.wearefree.digital clients have two options for paying for their website hosting and support:

Yearly: Pay an annual 12-month invoice, issued at the start of the 12-month period. Payment can be made via EFT.

Monthly: Pay monthly via Bank EFT or Automatic Deductions through Stripe (Credit Card and Bank Account payments available).

Clients who choose to pay via Monthly Automatic Deductions must complete a Stripe online form before the website goes live. Monthly direct debits will be transacted on or around the 1st business day of each month. The first payment will occur in the month following the completion of the Stripe form. Clients are responsible for notifying websitedesign.wearefree.digital of any changes to their direct debit information. If clients opt to pay via credit card, a surcharge of 1.65% for VISA and MasterCard and 3.2% for AMEX and Diners will apply.

Insufficient Funds

In case of automatic eDebit defaults, the system will automatically reprocess the payment until it is paid in full. Additionally, a penalty fee of $6.60 per eDebit default will be charged. websitedesign.wearefree.digital clients who pay through automatic Stripe agree to pay any bank, reference, debt collection, or legal fees associated with defaults or legal proceedings to recover outstanding fees.

Cancellation / Failure to Pay

Cancellation of the automatic debit requires 30 days’ written notice. If hosting payments are not made within 30 days, the website and email accounts will be suspended and removed. In the event of failure to pay within 60 days, websitedesign.wearefree.digital reserves the right to terminate the associated website and email accounts as the services are no longer being acknowledged or paid for / required.