Terms of Service

  1. Summary
  2. Entitlements and Expectations
  3. Dealing with Copyright
  4. Third Party Software
  5. Cross Browser / Multi-Device Support
  6. Content and Copy
  7. Revisions and Modifications
  8. Timeline or ‘What to Expect When’
  9. Hosting / Email
  10. Security
  11. Payment Terms

1) Summary

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down. In this contract you won’t find complicated legal terms or large passages of unreadable text. We simply want what’s best for the safety of both parties, now and in the future.

In Short

You are becoming a Webfluence customer to benefit from the services we offer (which include web design, development and set up/management of marketing channels & analytics) for a business website for the price specified on the Pricing page.

2) Entitlements and Expectations

Upon paying online or offline, it is acknowledged that you have the power and ability to enter into this contract on behalf of your company or organisation.

You also agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it.

You agree to review our work and provide feedback in a timely manner.

Due dates and time-lines work two ways, and you will also be bound by any dates that we set together (including the monthly payment schedule).

We have the experience and expertise to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.

We will also uphold and maintain the confidentiality of any information that you give us.

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.

When we receive your final payment for a related task, copyright is automatically assigned as follows:

  • You own the graphics and other visual elements that we create for the website.
  • You own the right the move your website to a different host or agency.
  • The custom HTML markup, CSS and other code are licensed to you for use within your business or organisation – you are not allowed to make multiple copies of any lines of code with the intention to sell them.
  • Any graphics created for your business is owned by you.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.

4) Third Party Software

The use of third party software enables Webfluence to provide a high end service with full functionality at a fraction of the cost as compared to custom coded functionality. So in using third party software such as WordPress, we can bring costs down dramatically for you and your business.

Because we use third party software, we can’t guarantee that the your website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.

However, should any errors or downtime occur, we will be committed to resolving the issue with great urgency and care.

5) Cross Browser / Multi-Device Support

We will develop your website using valid HTML5 markup and CSS3 for styling. We will test all of our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Google.

We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in other recent browsers.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 6, 7 and 8 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.

If you need to show the same or similar visual design to visitors using these older browsers, we can do so upon request. This would be recommended if the demographic of your audience is still using old technology – analytics data can help us to identify this.

Retina or Ultra HD support will be done incrementally and situationally – analytics data can also help us to identify the need for this.

6) Content and Copy

We are not responsible for writing any text copy for your website. Custom copy and custom images (specific to your particular business) will need to be supplied by you.

Tip: You can easily use your smart phone to quickly supply custom images for your website – don’t worry, we will enhance them for the web.

You will have access to the admin of your website where you can easily add, edit or format content. Any formatting completed by Webfluence will count towards the total allocated hours for your packaged plan – This is only something to be aware of if there are large amounts of content being dealt with, and in any case we’ll let you know the status of this.

7) Revisions and Modifications

All revisions and modifications will be counted towards the total allocated hours for your package.

8) Timeline or ‘What to Expect When’

After this information has been collected, we’ll begin work on a mood board to get a feel for the design direction. We will then construct a mockup of the intended design and make it available to you for feedback.

Depending on your feedback, we’ll either refine the mockup or begin constructing the website. This will now be week 2 or 3 depending on the information gathered and the feedback of the mockup.

By week 4 to 6, we’ll have the website fully functional and ready to go live.

9) Hosting / Email

Uptime of 100% is not guaranteed for your website or email accounts. This is because we use third party services and cannot be held responsible for their downtime. Any interruption of service is a rare event and all providers guarantee a 99.9% uptime.

Because these services are third party, we cannot be responsible for any security breaches that may occur. We recommend using strong passwords for all of your accounts and will assist you is choosing a safe password if you require it.

During the set up phases of your hosting, migration of domain name or email accounts there is a possibility of some downtime as these initial transitory phases require the propagation of new IP addresses in the network to be fully functional. We cannot be held responsible for this downtime.

10) Security

Your website and all files related will be backed up in a number of locations to maximise the security of your online presence. Webfluence has a sophisticated backup procedure in place for your security.

In the event of your website being hacked or compromised by a malicious entity, we will immediately move to remedy this situation for you. Because we use third party software and the web is a continually advancing field of technology, we cannot be held responsible for any downtime incurred as a result of a hacked website.

We take appropriate steps to secure your website from any malicious attacks and continually update the software as needed to try to prevent your website from being compromised in any way.

11) Payment Terms

All payments are to be paid within 14 days upon receiving invoice for payment. However, it is expected (and appreciated) that payment be finalised soon after receiving the invoice.

In the event of a declined credit card transaction you’ll be notified immediately and will be given 2 weeks to correct payment, or negotiate an appropriate payment schedule.

If payment is not organised within the 2 weeks, or a payment schedule has not been put in place, your service will be paused i.e. your website will show a simplified contact page.