This Proposal including the:
Scope, Services and Project Brief; Client Responsibilities and Terms and Conditions, together make up the contract between, you, the Client and, Bohemia Design, the Designer upon acceptance of the Proposal.
PART A – ACCEPTANCE OF THIS PROPOSAL AND TERMS OF ENGAGEMENT
By indicating that you accept this Proposal you:
1.accept the terms of the Proposal as set out in this document and the Terms and Conditions;
2.declare that all the information you have given us is accurate and not misleading and you are aware that we are relying on it.
How to accept this Proposal:
By giving Bohemia Design instructions to proceed verbally and / or via email; and / or accepting the initial quote and paying the initial deposit.
PART B – SCOPE, SERVICES AND PROJECT BRIEF
The Scope, Services and Project Brief may be provided to the Client as part of your initial quote or may be specifically documented and outlined in a Project Brief which is emailed to the Client prior to commencing any work and prior to recieving the project's deposit payment.
PART C – CLIENT RESPONSIBILITIES
In connection with Bohemia Design’s provision of the Services, the Client will perform the tasks, furnish the personnel, provide the resources, or undertake the responsibilities (as the case may be) specified below:
Internet processes
Customer will be solely responsible for determining the existence of, and complying with, any and all of the following that are applicable to electronic transactions, commerce, processes, or activities conducted over the Internet or any electronic network: This includes security of its network and performance.
Content:
Any content contribution by the Client or third party in connection with this engagement; and any use by Client of the Deliverables and the Client’s posting to its website, or transmission over the Internet, of text, images, software, music, video, or other information;
Sale of Goods & Links:
Client’s sale, or offering for sale, of any goods and Services via its website or otherwise over the Internet;
Any linking, framing, or distribution of electronic mail in connection with Client’s website which is illegal, unlawful, or which infringes another person’s intellectual property rights, or which otherwise constitutes network abuse (“Misuse”) and Client agrees to indemnify Bohemia Design for any liability, cost and expense incurred by Bohemia Design as a result of any such Misuse.
Email communications:
You agree that we will use the Internet to communicate with you, including to send, subject to any applicable law to the contrary which cannot be excluded, designs, materials, programmes, which may be sensitive or confidential. You acknowledge and agree that:
(a) the communication may be interrupted or received, viewed or intercepted by a person other than the intended recipient or may not be received at all;
(b) you will be responsible for virus scanning incoming communications and we do not warrant that the communication will be free from computer viruses or other defects; and
(c) subject to any applicable law to the contrary which cannot be excluded, we will not be liable to you or to any other person for loss or damage however caused, and whether by negligence or otherwise, resulting from communicating with you via the Internet.
Stock Photography:
Images supplied by Bohemia Design with the use of Stock Photography, will be billed at a fee between $250.00 - $500.00 + depending on the number of photos requested by Client and the type of Stock Photography deemed necessary for use on the Customer’s website or multimedia application. Alternatively, the client may purchase Stock Photography for use on project at the Clients own expense.
Additional Assets, Programs and or Materials:
Assets, external Programs from the internet and or any other Material needed to enhance Customer’s website will be purchased at the Customer’s expense. Bohemia Design shall discuss any purchases necessary if the case arises, prior to doing any implementation to the website.
PART D – PRODUCTION TIMELINE
PRIOR TO PROJECT COMMENCEMENT:
*A Quote and Proposal are submitted to Customer for their perusal.
*COMPLETION DATE: Normally 30 -40 days (subject to change depending on Project Brief)
Content Managed websites will take between 6 – 8 weeks depending on Project Brief).
COMMUNICATION:
A face to face meeting may be conducted between the Customer and the Designer in order to ascertain the Project Brief and Specifications. A face to face meeting may be conducted at the end of the Production Phase to oversee the project scope and for training. The Designer will be communicating with the Client predominantly via email throughout the project development process.
PRE-PRODUCTION PHASE:
Your Account Manager will work closely with you in order to outline your specific project needs including:
Completing the Design Standards Questionnaire
Milestone Dates determined – Milestone Sign Off forms emailed to Client for use throughout Project.
No work will proceed to the next stage until sign off has been made for each stage of development.
Changes forms emailed to Customer for use throughout Project
Working Schedule may be sent to Customer to help with project timeline and deadlines
Hosting agreements and arrangements are outlined. If you are purchasing a Content Managed System, your hosting will require ColdFusion, PHP or ASP support.
Deposit due upon acceptance of Proposal:
30% of total estimated costs is billed to Client before the pre-production phase of your project.
Your Project Template Designs:
No more than 2 Prototype templatedesigns will be produced for the Customer to choose from (based on the Project Brief). These templates will display layout with Customer colours and fonts and image placeholders to represent what could be used for the Customers website – that is dummy photos will be used as placeholders for the templates (these photos will be replaced by Customer’s images). The template designs will be produced as .JPEG images and will be emailed to the Customer for perusal. If the Designer is required to produce any more than 3 templates for the Customer, this will be charged at an additional $110.00 per hour or part thereof. Please note that it normally takes around 4 hours or more to produce 1 template.
Template Changes:
The Designer may make up to 6 minor changes to the chosen template design. If more changes are required - that includes re-designing the entire website templates, these will be billed at $110.00 per hour or part thereof.
Milestone Sign Off
The Customer may/may not need to complete the Milestone Sign Off form before the Designer moves on to the Production Phase.
PRODUCTION PHASE:
Creation, design and Programming
Your approved design is transformed into a prototype website which you can view online at any time of the development process on Bohemia Design’s server. All work is developed as outlined in the Project Brief or Quote. All relevant assets are submitted by Client for use in project - including images, sound, video and copy etc.
Content (and Content for Content Managed System users)
Client’s content will need to be provided to the Designer as early as possible and by the scheduled dates in order to keep the project to schedule. Content includes any files, text or images you would like added to your website. The addition of Content is factored into the estimated costs of your website. Content Managed System package normally includes the addition of content as a set-up only – up to 12 pages will be produced by Bohemia Design – all other pages will be added by the Client in order to practice the use of their website content managed system. Users will be trained on how to update and manage their content using Joomla!content managed system. All changes will be left up to the Client unless Client wishes the Designer to do this for them at an agreed fee with the hourly rate at $110.00.
Testing & Training
Testing will be performed throughout the production phase and post production phases. Up to 1 x 60 minute training session with the Client will be conducted for use on Content Management Systems. Training is also provided if you are using Adobe Contribute to update your web. Bohemia Design's Training Fee is $250.00.
POST-PRODUCTION PHASE:
Testing - Final Testing will be performed.
Completion Certificate
Client will be issued with a Completion Certificate by the Designer for Final sign off.
Final Invoice & Launch
Final invoice will be emailed to Client, once signatures are confirmed on the Completion Certificate.
Payment terms are STRICTLY 7 DAYS. Your site is uploaded to your server and launched once final invoice payment has been received into the Designer’s nominated bank account.
TERMS AND CONDITIONS
1. PAYMENT TERMS
1.1 Time for payment: The Client must, within 7 days of the date in which the goods were received, pay to BOHEMIA DESIGN the total amount set out in the invoice. BOHEMIA DESIGN may:
(a) alter terms of payment with effect from the date it notifies the Client of such change; and
(b) impose a credit limit at any time, which may be altered at BOHEMIA DESIGN’S discretion with effect from the date BOHEMIA DESIGN notifies the Client of such alteration. Where the credit limit is exceeded then, notwithstanding anything to the contrary, BOHEMIA DESIGN may with immediate effect and without further notice;
(i) refuse to supply Goods to the Clientr; or
(ii) require security in a form satisfactory to BOHEMIA DESIGN; or
(iii) alter terms of payment to cash on delivery.
1.2 Late Payment Fee: If the Client does not make payment by the due date or is more than 20 days overdue in payment, BOHEMIA DESIGN will charge a Late Fee of $150.00 in addition to amounts not paid within the time specified in clause 1.1, and may cancel any Orders in existence (without prejudice to any other rights or remedies of BOHEMIA DESIGN).
1.3 Advance and progress payments: BOHEMIA DESIGN may:
(a) issue a pro forma invoice for the amount of the Estimate before commencing the Order, if BOHEMIA DESIGN has not previously done work for the Client or otherwise considers it prudent;
(b) if BOHEMIA DESIGN is of the view that completing the Order will take more than a month,at any time before the Order is completed, issue one or more invoices for a proportion of the amount of the Estimate (the proportion to be at BOHEMIA DESIGN’S discretion) or require a proportion of the Estimate to be paid in advance of any Work being done.
1.3 Suspension of Work: If the Order is suspended for more than 20 days at the request of the Client or as a result of something for which the Client is responsible, BOHEMIA DESIGN may issue an invoice for a particular sum (to be specified by BOHEMIA DESIGN) for the Work already completed and for other costs incurred by
BOHEMIA DESIGN (including, by way of example but without limitation, storage costs).
1.4 Damages: The Client must pay to BOHEMIA DESIGN any costs, expenses or losses incurred by BOHEMIA DESIGN as a result of the Client’s failure to pay to BOHEMIA DESIGN on the due date all sums outstanding from the Client to BOHEMIA DESIGN (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).
If a payment is not made for more than 20 days, BOHEMIA DESIGN reserves the right to contact their legal team to pursue any monies owing to BOHEMIA DESIGN and will issue a Late Payment fee of $150.00 in addition to any monies owing. BOHEMIA DESIGN also reserves the right to remove any online and live content until such payment has been made.
2. FEES
2.1 Invoice: When the Order has been completed, BOHEMIA DESIGN may issue an invoice to the Client for the amount of the Estimate or, if no Estimate was given, an amount representing BOHEMIA DESIGNS’ charge for the Work done, and for any of the other charges specified in clause 3.2.
2.3 Charges additional to Estimate: In addition to the Estimate, BOHEMIA DESIGN may charge to the Client the following, except to the extent that such costs are expressly included in any Quote:
(a) fees for any Preliminary Work performed at the Client’s request;
(b) fees for Additional Work required to be done as a result of the Customer changing the Clientr’s instructions;
(c) fees for having to work off poor copy;
(d) fees for additional proofs required;
(e) fees for work which involves tables or foreign language and which was not notified to BOHEMIA DESIGN before the Quote was prepared;
(f) fees for additional work required to be done as a result of author’s corrections, including repagination or reformatting;
(g) fees and other charges for work required to be done urgently, including any overtime costs;
(h) fees for handling or storing material or equipment supplied by the Client for the purposes of the Order;
(i) fees for changing or correcting, in order to ensure that the Goods are properly produced, any plates, film, bromides, artwork or any document including computer files, or any other materials which are unsuitable or substandard (including any supplied in accordance with clause 10.,supplied for the purposes of the Order by the Client;
(j) freight and/or installation costs and charges;
(k) other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.
2.4 Under / Over-Supplies: The Client acknowledges that while BOHEMIA DESIGN will make every endeavour to produce the exact number of items in the Order, owing to human and/or machine/computer error the number of items actually produced maybe up to 5% over or under the number specified in the Order. Where such a discrepancy occurs, BOHEMIA DESIGN will adjust the amount charged to the Client at a pro-rata rate to reflect the actual number of items produced.
2.5 Alterations to style etc: If, before the Quote is prepared, the Client does not give BOHEMIA DESIGN specific instructions in relation to style, type or layout:
(a) BOHEMIA DESIGN may use any style, type and layout which, in BOHEMIA DESIGNS’ opinion, is appropriate; and
(b) BOHEMIA DESIGN may charge an additional amount for any additional work required to be done (including the production of additional proofs and compiling training manuals) as a result of the
Customer subsequently altering the style, type or layout used by BOHEMIA DESIGN.
2.6 Overset: The Client must pay for overset matter (being matter produced on the Client’s instructions but not used in a publication for which it was intended).The Client may instruct BOHEMIA DESIGN to retain overset matter for future issues of the publication or to discard the overset matter.
3.6 GST and Taxes: BOHEMIA DESIGN is not obliged to charge GST as a small business. BOHEMIA DESIGN IS NOT registered for GST purposes.
3. DELIVERY
3.1 Time and Place: Delivery is to be made at the place specified in the Quote. Anytime stated for delivery is an estimate only. BOHEMIA DESIGN is not liable for any delay in delivery.
3.2 Collection: Where the Client is to collect the Goods, the Client must do so from BOHEMIA DESIGN’S premises upon being notified by BOHEMIA DESIGN that the Goods are ready for collection.
3.3 Freight costs: If BOHEMIA DESIGN agrees to deliver the Goods, the Client shall bear all freight costs and charges associated with that delivery, which shall include (but not be limited to) all costs and expenses incurred by BOHEMIA DESIGN in removing the Goods from its premises, whether by way of actual or attempted delivery to the Client or otherwise.
3.4 Rejection: The Client may only reject the Goods if they do not comply with the Order. If the Customer wishes to reject or make a claim for discrepancy in respect of an Order, the Client must notify BOHEMIA DESIGN in writing with full details and supporting evidence of the alleged non-compliance:
(a) if BOHEMIA DESIGN is required to deliver the Goods to the Customer’s premises – within 7days of delivery;
(b) otherwise – within 7 days of notification that the Goods are ready for collection.
4.5 Refusal: If the Client refuses to accept delivery of any Goods, BOHEMIA DESIGN may charge the Client for any additional costs incurred as a result, including storage and transportation costs.
4. RISK
4.1 Risk: The risk of any loss, damage or deterioration of the Goods passes to the Client:
(a) if BOHEMIA DESIGN is required to deliver the Goods to the Client’s premises – at the time of delivery;
(b) otherwise – at the time BOHEMIA DESIGN notifies the Client that the Goods are ready for collection.
4.2 Risk on rejection: If the Client validly rejects the Goods in accordance with these Terms and Conditions, risk in the rejected Goods reverts to BOHEMIA DESIGN:(a) if the Goods are at BOHEMIA DESIGN premises, at the time the Client notifies BOHEMIA DESIGN that the Goods are rejected;
(b) if the Goods are in the possession of the Client, at the time that the Goods are returned to BOHEMIA DESIGN (in the same condition in which they were delivered to the Client) during usual business hours and BOHEMIA DESIGN acknowledges receipt of them.
5. OWNERSHIP
5.1 Retention of ownership: Until the Client has paid all sums outstanding in relation to the Goods and all the other amounts owing by the Client to BOHEMIA DESIGN from time to time:
(a) title in the Goods shall not pass from BOHEMIA DESIGN to the Client;
(b) if the Goods are in the Client’s possession, the Client holds the Goods as trustee for BOHEMIA DESIGN and must store the Goods separately and clearly identify them as the property of BOHEMIA DESIGN;
(c) BOHEMIA DESIGN may call for and recover possession of the Goods (for which purposes BOHEMIA DESIGN employees or agents may enter the Client’s premises and take possession of the Goods with liability to the Client) and the Client must deliver the Goods to the Printer if so directed by the BOHEMIA DESIGN.
5.2 Ordinary business: The Client may, in the ordinary course of the Client’s business, use the Goods or sell the Goods to a third party for full consideration but:
(a) the proceeds of sale and any book debt created upon the sale of the Goods to the third party shall be held by the Client as trustee for BOHEMIA DESIGN and the Client must account to BOHEMIA DESIGN for those sums; and
(b) if BOHEMIA DESIGN requires, the Client must assign to BOHEMIA DESIGN the Client’s claim against the third party and must execute all documents necessary to effect that assignment; provided that
the authority under this clause shall be revoked from the time that an Event of Default occurs or BOHEMIA DESIGN notifies the Client that is revoked.
5.3 General lien: BOHEMIA DESIGN shall, in respect of all sums owned by the Client to BOHEMIA DESIGN, have a general lien on all property of the Client in BOHEMIA DESIGN’S’ possession and may, after 14 days’ notice to the Client, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the Client’s property held by BOHEMIA DESIGN as aforesaid enjoys copyright protection in favour of the Client, the Client hereby grants to BOHEMIA DESIGN a licence to exercise the rights conferred on BOHEMIA DESIGN under this clause.
5.4 Insurance: Until property in the Goods passes to the Client, the Client shall keep the Goods insured in the name of BOHEMIA DESIGN and the Client for the irrespective rights and interests and will produce to BOHEMIA DESIGN, upon demand, evidence of such insurance. If the Client fails to so insure the Goods, BOHEMIA DESIGN may do so and the cost of such insurance shall be payable by the Client to BOHEMIA DESIGN upon demand.
6. LIABILITY
6.1 Non-excludable Rights: The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties maybe implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
6.2 Disclaimer of Liability: Except for Non-excludable Rights, BOHEMIA DESIGN accepts no liability for:
(a) any claim by the Client or any other person, including without limitation, any claim relating to or
arising from all clauses, conditions, guarantees and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom or usage or otherwise; and
(b) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by BOHEMIA DESIGN in writing ;and the liability of BOHEMIA DESIGN for any such matters is hereby excluded.
6.3 Defective Goods: Where (and to the extent) permitted by law, the liability of BOHEMIA DESIGN for a breach of a Non-excludable Right is limited, at BOHEMIA DESIGNS’ option; to the remedy or repair, replacement or re-supply of the Goods and/or any services whichever is the lesser provided that:
(a) all claims for defective Goods are reported to BOHEMIA DESIGN within 48 hours of delivery; and
(b) all such claims are fully documented giving details of supply and the alleged damage or defect.
6.4 Indirect losses: Notwithstanding any other provisions of this agreement, BOHEMIA DESIGN is in no
circumstance (whatever the cause) liable in contract, tort(including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Client for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential injury loss, damage or expense whatsoever and howsoever arising.
6.5 Force Majeure: BOHEMIA DESIGN will have no liability to the Client in relation to any loss, damage or expense caused by BOHEMIA DESIGN’S failure to complete the Order or to deliver the Goods as a result of act of God, fire, flood, tempest, earthquake, riot, civil disturbance, industrial dispute, theft, crime, strike, lockout, work stoppage or other labour hindrance, breakdown, act of war (whether declared or not),
sabotage, insurrection, epidemic, national emergency (whether in fact or law), requirements of restriction of, or failure to act by, any government, local body or judicial entity, the inability of BOHEMIA DESIGN’S normal suppliers to supply necessary materials or any other matter beyond BOHEMIA DESIGN’S control.
6.6 Electronic data: Without limiting the generality of the foregoing clauses, BOHEMIA DESIGN will not be liable to the Client for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the Client to BOHEMIA DESIGN.
6.7 Proofs: If BOHEMIA DESIGN submits to the Client a proof of the Goods BOHEMIA DESIGN will not be responsible for any errors in the Goods which appeared in the proof and which were not corrected by the Client before the Order was completed. There is no guarantee that production prints exactly match colour proofs because of variations in proof preparations methods and substrates. However BOHEMIA DESIGN will use all reasonable endeavour to provide a commercially acceptable finished product.
7. CUSTOMER’S PROPERTY
7.1 Material supplied by Client: If BOHEMIA DESIGN and the Client agree that the Client is responsible for supplying materials or equipment for the purposes of the Order.
(a) the Client must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by BOHEMIA DESIGN;
(b) BOHEMIA DESIGN will not normally count or check the materials and if requested by the Clientto do so, may change for counting or checking;
(c) BOHEMIA DESIGN will not be responsible for any defects in the Goods which are caused by defects in or the unsuitability of materials or equipment supplied by the Clientr;
(d) property in any materials supplied by the Customer and incorporated into the Goods passes to BOHEMIA DESIGN at the time of incorporation.
7.2 Property left with BOHEMIA DESIGN: If the Client leaves property in BOHEMIA DESIGN’S possession without specific instructions as to what is to be done with it, BOHEMIA DESIGN may, six months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
7.3 Responsibility to insure: BOHEMIA DESIGN has no obligation to insure any property of the Client in BOHEMIA DESIGN’S possession. The Clientmust pay the cost of any insurance arranged by BOHEMIA DESIGN at the request of the Client.
7.4 Client’s property: BOHEMIA DESIGN will hold any property of the Clientat the Client’s risk.
8. INTELLECTUAL PROPERTY AND OWNERSHIP OF PRINTING MATERIALS and COPYRIGHT
8.1 Ancillary materials: Unless BOHEMIA DESIGN and Client agree otherwise in writing, drawings, sketches, painting, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, disks, tapes, compact disks or any other media and other material produced by BOHEMIA DESIGN in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of BOHEMIA DESIGN
8.2 Copyright: The copyright in all artistic and literary works authored by BOHEMIA DESIGN shall be the property of BOHEMIA DESIGN. The Client:
(a) warrants that the Client has copyright or a licence to authorise BOHEMIA DESIGN to reproduce all artistic or literary works supplied by the Client to BOHEMIA DESIGN for the purposes of the Order and the Client hereby expressly authorises BOHEMIA DESIGN to reproduce all and any of such works for
those purposes; and
(b) must indemnify BOHEMIA DESIGN against all liability, losses or expenses incurred by BOHEMIA DESIGN in relation to or in any way directly connected with any breach of copyright or of any rights in relation to copyright; and
(c) is hereby granted a non-exclusive licence to use the copyright in any literary and/or artistic works authored by BOHEMIA DESIGN for the purposes of the Order, provided that the exercise of such licence is conditional upon BOHEMIA DESIGN having received all monies due to BOHEMIA DESIGN under these Terms and Conditions.
8.3 Intellectual Property Rights: The Client warrants that the use by BOHEMIA DESIGN or any designs or instructions supplied by the Client will not infringe any intellectual property of any other person and the Client indemnifies BOHEMIA DESIGN against any claim relating to or arising from the infringement of any intellectual property of any other person.
8.4 Illegal matter: BOHEMIA DESIGN is not obliged to print any illegal or libellous matter and the Client agrees to indemnify BOHEMIA DESIGN against any claim relating to or arising from the printing of such matter.
8.5 Ideas: The Client must keep confidential and not use any ideas communicated by BOHEMIA DESIGN to the Client without BOHEMIA DESIGN’S prior written consent.
8.6 Electronic/magnetic media: All disks, tapes, compact disks or other media(other than media supplied by the Client) used by BOHEMIA DESIGN to store data for the purposes of completing the Order are the property of BOHEMIA DESIGN. The Client is not require BOHEMIA DESIGN to supply to the Client any data so stored, but in the event that BOHEMIA DESIGN agrees to do so, BOHEMIA DESIGN may charge for supplying such data to the Client.
8.7 Storage of electronic data: BOHEMIA DESIGN will not be responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If BOHEMIA DESIGN
agrees to store such data, BOHEMIA DESIGN may charge for doing so.
9. GENERAL
9.1 Severability: Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down, then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
9.2 Governing law and jurisdiction: These Terms and Conditions are governed b ythe law in force in the State or Territory in which BOHEMIA DESIGN’S premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.
9.3 Waiver: If BOHEMIA DESIGN exercises or fails to exercise any right or remedy available to it this shall not prejudice the rights of BOHEMIA DESIGN in exercising that or nay other right or remedy. Waiver of any term of this contract by BOHEMIA DESIGN must be specified in writing and signed by an authorised officer of BOHEMIA DESIGN.
11.4 Use of information: The Client agrees that any information given to BOHEMIA DESIGN by the Client may be disclosed to a referee or a credit agency in order to establish information relating to the Client’s credit worthiness.
9.5 Termination: Upon the occurrence of an Event of Default, BOHEMIA DESIGN may terminate a contract
or all or any contracts with the Customer by notice in writing to the Client.
10. INTERPRETATION
10.1 In these Terms and Conditions:
“Additional Work” includes all Work undertaken by BOHEMIA DESIGN as a consequence of the Clients variation, alteration or modification of its instructions in relation to the Order.
“Business Day” means a day on which banks are open for general banking business in the State or Territory in which BOHEMIA DESIGN’S premises are located.
“Client” means the customer for whom the Work is being carried out and where the Client is more than one person or entity, liability of the Client shall be joint and several.
“Estimate” means an estimate of cost for the Work contained in any Quote, as varied pursuant to these Terms and Conditions.
“Event of Default” means an event where the Client:
(a) fails to comply with the terms of any contract between the Clientand the Printer including these Terms and Conditions; or
(b) being an individual is declared bankrupt or becomes of unsound mind; or
(c) enters into any composition or arrangement with its creditors or goes into liquidation (voluntarily or otherwise) or has a receiver or liquidator or trustee or statutory manager or administrator or inspector or similar official under any companies or securities or other legislation appointed over all or part of its assets, or any other such similar event;
(d) undergoes a change in its control or ownership, or has a conflict with BOHEMIA DESIGN’S interests or the interest of any party related to it which BOHEMIA DESIGN considers sufficiently inappropriate;
(e) ceases or threatens to cease to carry on all, or substantially all of its business or operations;
(f) becomes or is declared insolvent or is unable or deemed to be unable to pay its debts, or stops or threatens to stop payments generally.
“Goods” means the final goods produced by BOHEMIA DESIGN by completing an Order.“Order” means an order in respect of which a Quote has been given by BOHEMIA DESIGN’S and accepted by the Customer in accordance with these Terms and Conditions.
“Preliminary Work” means all and any work performed by BOHEMIA DESIGN’S at the Client’s express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of BOHEMIA DESIGN at the time when BOHEMIA DESIGN’S supplied the Estimate.
“Quote” means the quote described in clause 2.1.
“Work” means the work that is the subject of the Order.
10.2 General: In these Terms and Conditions, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) a reference to a clause is a reference to a clause in these Terms and Conditions;
(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, substitutes, successors and permitted assigns;
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(e) a reference to a period of time (including, without limitation. A year, a quarter, a month and a day) is to a calendar period.
10.3 Headings: In these Terms and Conditions, headings are for convenient reference only and do not affect
interpretation.
10.4 Business Day: If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:
(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and
(b) in all other cases, may be done on the next Business Day.
10.5 Notices: Any notice, claim, demand or other communication (“notice”) under or in connection with these Terms and Conditions shall be in writing and may be give nor sent by a registered letter or facsimile transmission. Any notice given or sent by facsimile (provided the sending facsimile machine produces a printout of the time, date and uninterrupted transmission of the message) shall be deemed to have been served immediately upon completion of transmission if such completion is within business hours in the place where the addressee’s facsimile machine is located but, if not, then at 9am on the following business day in such place. In any event a notice shall be sufficiently given or served if actually received by a party’s solicitor or if delivered to and left at a party’s registered office.
11. BOHEMIA DESIGN LINK
“Website: Bohemia Design” will be added at the bottom of your website. This may not be removed by the Client until such time that the website has been fully re-designed by another designer.
12. HOURS OF OPERATION
BOHEMIA DESIGN work between the hours of 9am and 5pm, Monday to Friday. BOHEMIA DESIGN does not work Public Holidays or weekends. BOHEMIA DESIGN can be best contacted via email:
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13.Termination by the Designer
The Designer may (but without prejudice to any of its other rights against the Client) by notice in writing to the Client terminate this agreement or suspend performance of any of its obligations hereunder if:
Any sum owing to Bohemia Designunder this agreement is overdue for more than 30 days; The Client is in breach of any of its obligations under this agreement ; An Insolvency Event occurs in respect of the Client, or any dispute arises over the Client's Intellectual Property Rights or its authority to permit Bohemia Design to use the Client’s Data of any Intellectual Property Rights. All artwork, design or programming work produced and or created by Bohemia Design from Project commencement up to and including termination of this agreement shall remain the property of Bohemia Designunless both parties agree otherwise. If copyright is being transferred to the Client, a new agreement shall be drawn outlining those details. g transferred to the Client, a new agreement shall be drawn outlining those details.
13.1 Termination by the Client
The Client may terminate this agreement at any time by giving 5 days notice in writing to Bohemia Design.
If work is terminated by Client, payment shall be billed for any work completed to date of termination. If a project is terminated in Pre-Production Stage where templates have been designed for Clientto decide on the design of their website, Clientwill be invoiced for the work to date on all the preliminary designs including non approved templates and approved templates. Invoices must be paid according to “Payment Terms”. Client also agrees to pay other costs and expenses reasonably incurred by the Designer as a result of such termination.
16 Quantum Meruit
If this agreement terminates for any reason:
The Client may retain any Deliverables already provided under this agreement and:
At the Client’s request, Bohemia Design must provide to the Client any Deliverables that have been prepared or partially prepared but not yet provided to the Client . This does not include copyright on templates, designs or programming completed to the date of termination. The Customer must pay to Bohemia Design any unpaid portion of the Fees that relates to the Deliverables or partially prepared Deliverables. For partially prepared Deliverables, an appropriate discount must be factored in to take into account that the Deliverables has not been completed. This discounted amount will be agreed upon by both Client and Bohemia Design at termination.
17 Use of Joomla! Templates
Bohemia Design reserves the right to use Joomla! based templates for any Content Managed Website. Bohemia Design will endeavour to design the client templates with uinque features to represent clients needs and specifications. Bohemia Design reserves the right to remove any Joomla! based template copyright which has been paid for in advance by Bohemia Design.
ESTIMATE FEE SCHEDULE
PRICES START AT THE FOLLOWING RATES AND ARE SUBJECT TO CHANGE DEPENDING ON CUSTOMER’S CUSTOMISATIONS AND NEEDS. PAYMENT PLANS ARE ALSO AVAILABLE ON REQUEST. Please speak to us if you require a payment plan option. We offer very reasonalbe rates to all our customers and will consider package deals on a case by case basis.
* BOHEMIA DESIGN HOURLY RATE - $110.00 PER HOUR OR PART THEREOF
* WEBSITE DESIGN – BASIC HTML WEBSITE (UP TO 12 PAGES) - FROM $1,500.00
* WEBSITE DESIGN & DEVELOPMENT – PROGRAMMING - FROM $3,000.00
* WEBSITE CONTENT MANAGED SYSTEM (CMS) - STARTING FROM $3,000.00 - $6,500.00
* LOGO and CORPORATE IDENTIFICATION (Business cards etc)
-Logo Design - $950.00 (up to 3 concept designs will be supplied with up to 10 revisions)
-Business Card Design - $400.00
-Letterhead Design - $200.00
A Package Deal is available for Logo, business cards and letterhead at a fee of $950.00
* CONTENT MANAGED SYSTEM (CMS) ADDITIONAL WEBSITE MODULES / FEATURES (CAN BE ADDED LATER DOWN THE TRACK)
If you would like any additional modules or features added to your website, please let us know. Our additional module fees start at $500.00 but can vary in costs depending on the module or extra feature you are after and its complexity.
* E-NEWSLETTERS (CAN BE ADDED LATER DOWN THE TRACK)
This module costs $500.00. (This module includes design of e-newsletter and implementation into your Content Managed System for use in email marketing campaigns).
* TRAINING
Training on how to use your Content Managed System OR other software including your shopping cart will be provided at an additional fee of $250.00. This fee will be added to the final costs of your invoice.
* CUSTOMISED TRAINING MANUALS
Training Manuals that need to be written by Bohemia Design for the Customer will be billed at $200.00 per manual.
* LATE PAYMENT AND HOLDING FEES
- Any project exceeding 2 months because the client has not submitted relevant content or has elected to put the project on hold will incur a monthly holding fee of $150.00. A letter or email requesting a hold period will be required by the client. The freeze or holding period must be a mutual agreement between the customer and BOHEMIA DESIGN.
- Any late payment exceeding 20 days will incur a fee of 7.5% loading.
* CHANGES FEES
- Any project requiring changes made that fall outside of the original scope of work or project brief will incur a changes fee of $110.00 per hour or part thereof.
* ON-GOING SUPPORT FEES
- We offer on-going support in blocks of 3 months and 6 months. Support includes guiding you on how to work your CMS. It does not mean we will do it for you. The purpose of the CMS is for you to operate your own website.
The 3 month support package costs $200.00 per month for 3 months. The 6 month support package costs $180.00 per month for 6 months. These are contract based support packages which bind you to those monthly payments depending on which package you select. Support is covered between Monday and Friday and does not include public holidays or weekends. Support questions will be responded within a 48 hour turnaround.
*ADMINISTRATION FEES
If you require scanning of images, files etc, you will be charged an administration fee based on the number of hours spent to scan etc. You will be charged at the hourly rate of $110. Administration fees also include but are not limited to, travel costs and phone costs and face-to-face meetings.
*** ADDITIONAL THIRD PARTY FEES
(NON-BOHEMIA DESIGN FEES) THAT NEED TO BE PAID BY THE CLIENT
THIRD PARTY ONLINE FEES
- DOMAIN NAME REGISTRATION & WEB HOSING FEES
- ONLINE PAYMENT PROCESSING & SSL CERTIFICATE (Secure Socket Layer Certificate) for secure payments
- PAYPAL & SEARCH ENGINE OPTIMISATION – listing your website on search engines
THIRD PARTY SOFTWARE FEES
- Adobe Contribute Software - for updating plain HTML websites
