Website Development Terms of Service

LIVMEDIA has a set of terms which all clients are required to abide by and fulfil during their partnership or project with us. If you have any questions regarding any of these terms, please contact our office at your earliest convenience.

Website Development

DESIGN PROCESS

Our first step when working with you is the design process. The initial design concepts will usually be provided as a desktop view of your Home Page, either as a link or a PDF. This allows us to liaise on the particulars of the design style and website structure. It is important to be clear about what you require during this concept stage.

Your quoted price includes two rounds of change requests to each website page.

That is,

  1. your comments, and then
  2. your comments on what we changed as per your initial comments.

When we send each stage of the website for your approval, the most effective way to give feedback and change requests is to pause and check over everything, keeping in mind website strategy, audience and overall goals. Make a comprehensive list of comments/changes and send it all in one email, rather than making ad-hoc comments.

If you need the flexibility of additional changes beyond the included two rounds, this can be accommodated as an additional hourly rate service. Your Project Manager or someone from the LIVMEDIA team, will alert you if you are exceeding your included changes, and you will have the opportunity to decline further changes, or continue at our hourly rate as an additional cost.

ARTWORK FILES

We require vectorised logos and/or brochure files. Your print provider or graphic designer should have access to these. Vector is a format that can be edited by graphic design software. If there is existing branding for us to use but vectors cannot be provided, we can create the vector artwork at an additional cost to you.

STYLE GUIDE

If your brand has an established style guide, it will be required for the concept design. Please send this through to us as a matter of priority.

MOBILE RESPONSIVENESS

We build mobile responsive websites to meet the standards of the Google Mobile Friendly Test, with the awareness that mobile users account for a majority in most cases and Google indexes websites with a mobile-first priority. We seek to create a positive user experience for your customers whatever device they are using.

However, due to the number of devices, we cannot support outdated devices that contain software no longer supported by the major developers. For example, we endeavour to make websites compatible with Internet Explorer, but since this browser has been discontinued by Microsoft, we will not guarantee that it will display correctly on outdated devices.

To maintain efficiency during the collaborative website build process, and since most of our clients work from a desktop screen, we build the desktop view of each layout initially to submit for approval, and once approved, we subsequently complete and test the mobile responsive version.

COMMUNICATING & COLLABORATING WITH US

After a quote is accepted and work has started on your website, you will be contacted by your Project Manager. All contact until your website is launched will need to be made with your assigned Project Manager.

DEPOSIT & PAYMENT SCEDULE

Before starting work on any design, we require a 40% deposit invoice to be paid.

Upon design approval, we require a 40% progress invoice to be paid to continue with the website build.

We will send the final 20% invoice prior to the launch of the website, when the final draft of the working website has been submitted for approval. Payment in full is required prior to the website going live.

These three part-payments amount to the full balance of your quote.

CHANGES TO SCOPE

Further changes outside the scope of your quoted website build fall into two categories:

1. Additional work after your website is launched. Many changes can be earmarked for after launch, to be implemented at our hourly rate after the website build has been completed. This is often suitable to keep the website launch on track, with additional features to be added later without holding up a new website launch. Discuss this with your Project Manager and one of our team members will help to advise.

2. Changes or additions during quoted works. Changes to the scope of works during the build process will need to be re-quoted for your consideration, as they may incur additional costs. If you require changes after a quote has been accepted and work commenced, please contact your Project Manager to discuss your requirements and one of our team members will arrange a quote variation.

ADDITIONAL WORK REQUESTS

If you request additions, changes to or training for your website, we will bill you at our base hourly rate (currently $130 + GST per hour). If you need us to provide an estimate for work that may take more than four hours, please let us know.

URGENT WORK REQUESTS

If you need something done urgently, our emergency rate is $195 + GST per hour, or $260 + GST per hour over weekends and public holidays. In that case we will endeavour to take the required action by the next business day. We do not provide fixed quotes in these instances, however, we are happy to provide an estimate before we start if required.

WORK REQUESTS BILLING

Work requests are billed in 15 minute increments and invoiced monthly. A minimum fee equivalent to 1 hour applies for the invoice total.

HOSTING

LIVMEDIA offers hosting of domains and websites.

We do not host emails, as we recommend several world class email hosting providers instead.

Domains require renewal prior to each expiry date. The standard renewal period is 1 year, with renewal invoices sent annually. You will receive reminders prior to them expiring on your nominated billing email address(es).

Our website hosting is billed annually. In exchange we maintain a high-performance server in Sydney. Month-to-month hosting can be arranged by request, if necessary.

SOFTWARE & SECURITY

Websites need maintenance and virus protection. Internet browsing software is regularly updated, as well as the coding languages that websites are built on. To stay compatible and minimise hacking vulnerabilities, regular monitoring, maintenance and security tasks need to be applied.

We offer Software Maintenance as an additional service, whereby we run monthly software updates where viable and necessary to WordPress, Plugins and Theme software. We highly recommend this service, because it is the best line of defence in preventing WordPress websites being hacked. If your website is hacked while you are on our Software Maintenance package, we will promptly restore it at no additional cost. You can view the packages here: makeweb.com.au/security

GST

LIVMEDIA is registered for GST. There is a GST component on all our invoices. Our formal quoted prices will specify if they are including or excluding GST. Our casual quotes, via phone or email, tend to exclude GST.

PAYMENT METHODS

Invoices are sent by email with an attached PDF.

Payment can be made by direct deposit, or by debit/credit card (via Stripe). For direct deposits, please include your invoice number on the transaction.

The payment terms (usually 7 days) will be noted on the invoice. We will send friendly reminder emails if payment has not been received.

LATE PAYMENTS

When a payment is overdue, work on your project will be put on hold until outstanding balances are paid.

We send reminder emails, up until an invoice is 30 days overdue. After this time, LIVMEDIA may commence debt recovery and/or legal proceedings to recoup the expenses and costs, including costs incurred during the recovery of such fees (ie. debt collection fees, practitioner fees, Court filing fees). We will endeavour to notify you before this happens. And we always prefer to resolve invoicing and accounts matters with you personally in a friendly and collaborative manner.

For overdue payments on website hosting and associated services, we have suspension/termination procedures in place after your active service period expires. Without renewal payment, a hosting service will be automatically suspended 14 days after expiry. Should your service be suspended and then unsuspended following payment, please note that no credits or refunds will be issued for suspended dates – your data still requires storage during this time. A hosting service will be automatically terminated 42 days after renewal due date, and additional costs may be incurred to restore after termination. Associated services, such as software licensing, software maintenance or any recurring service package, will cease or be put on hold after non-payment.

For overdue payments on domain renewals, domains will automatically expire, with a 30 day period in which you can still pay for renewal to restore before the domain is dropped and available to the public for purchase.

CANCELLATION OF WORKS

If you need to cancel a website build, work request or a service/product, please notify LIVMEDIA as soon as possible.

For hourly rate work requests, LIVMEDIA will cease work when notified and only invoice for work completed up until that point. Such work includes administration, research and development time already spent on the work request that is cancelled.

LIVMEDIA team members expect to be treated with respect and have their time valued. Breach of our Terms of Service includes mistreatment of LIVMEDIA team members, non-payment of invoices, and demands for unpaid work beyond the scope of quoted works. LIVMEDIA reserves the right to cancel works if reasonable expectations such as these are not being met. In the unprecedented event where LIVMEDIA cancels your project, you may request the files of your website-in-development that have been paid for up to that point, to be taken elsewhere to complete.

We will endeavour to resolve any issue or conflict with collaboration and understanding, reserving cancellation as a last resort only.

Please note that no refunds will be made for any work already completed or in progress, nor for products/services already provided. Payment in full will be required for any outstanding invoices and for work carried out up until the point of cancellation.

ACCEPTANCE OF OUR TERMS OF SERVICE

Once again, we would like to thank you for choosing LIVMEDIA to do business with you. By accepting our quote and paying the deposit for a website build, or by sending additional work requests for our services/products, you acknowledge and accept these Terms of Service.