GENERAL SERVICE TERMS AND CONDITIONS
Quotations and variations
Quotations supplied by E-Live are estimates based on the information supplied by the client. If the design and/or development time and requirements are outside the project scope and quoted amount, or the client is unable to provide a full project specification, E-Live may need to amend the quote. Please note that once the quoted project is complete, further support may be required. Please refer to our Support terms and conditions below.
At the time of quoting, we may specify a delivery date for your project. This date will commence from the payment of the deposit amount. If the project journeys outside of the scope of work due to additions or delays, the delivery date may require changing. E-Live will ensure that any change to delivery dates is communicated to the client prior.
Quotations are only valid for 30 days and if not accepted in writing may be varied after that time.
Accepting projects and services with E-Live
By accepting a project or service with E-Live it is also your (the business) understanding that ongoing support, outside the quoted project description, will be charged separately. Please refer to our Support Fees below.
E-Live will not commence any project or service without a paid deposit in accordance with the invoiced percentage, unless otherwise agreed in writing (via email) between E-Live and the client.
Time tracking and reports
E-Live uses task and time tracking to record and report all hours on all projects. These reports are generally only for internal accounting purposes, but may under some circumstances be provided to Clients upon request.
If The Client requires detailed time tracking for a project, then this must be specified prior to quotation and commencement of the project.
Where time sheets are provided, The Client has seven (7) days to review the times and lodge any query or complaint. After 7 days the times will be deemed accepted and subject to billing.
Hosting and backups
E-Live is often asked to provide hosting services in conjunction with website and software development. It should be noted that hosting terms and conditions are separate to these terms and conditions. Hosting fees do not usually include any form of support or maintenance of software, nor do fees associated with the website or software development cover any aspects of hosting.
Software back up:
As digital designers and developers, we do not automatically provide ongoing backups of your website / software beyond the end of the project period. We do however offer a refer to a business for Ongoing Support contracts which you can contact us for more information. Software/website backups are not part of our standard terms and conditions, and if required, a service agreement can be negotiated.
If you would like E-Live to provide ongoing backup of your website then this must be specified in a separate support agreement or hosting agreement.
Maintenance and security:
The online world is forever changing and websites being hacked are a reality. Once your site is live, we are not responsible for any necessary ongoing maintenance or security measures. If you are in need of ongoing support and maintenance, please contact us and we can arrange to provide you a recommendation or quote.
Fees
All time is calculated in 15-minute increments minimum. Visits to your site/meetings are charged including travel time with a minimum of 2 hours.
Work required at very short notice may also incur additional surcharges depending on availability of staff/contractors.
Urgent / Priority Projects:
Work that is deemed urgent and/or a priority by the client is subject to an additional fee of 15% of the applicable project or hourly fee. E-Live should be compensated to complete urgent and/or priority work which is scheduled in front of current projects. This additional 15% fee covers the administration time that E-Live will need to shuffle current project timelines and liaising with clients. This 15% fee will be advised at time of quoting.
Payment
If not otherwise specified payment terms will be as follows:
• Projects up to $1,000.00 – billed upon completion, payable in 7 days.
• Projects from $1,000.00 to $10,000.00 – require a 50% deposit. Final amount will be billed upon completion and payable within 7 days.
• Projects over $10,000.00 – Specific terms will be negotiated.
• Casual work will be billed every 10 hours or less if the task is smaller.
• Payment plans – Specific terms will be negotiated. Please refer to your quotation/invoice.
• If a project is delayed beyond 14 days due to delayed supply of content and/or feedback from client or a job is cancelled, a percentage will be invoiced to cover work already completed. E-Live will deem the percentage amount based on work completed.
Invoice Payment Terms
Invoice total is due fourteen (7) days from date of invoice.
Late payments may incur fees:
A fee of 10% of the invoice total will incur if payments are not made within 45 days from date of invoice. A further 10% will be compounded for each 45 days that follow.
Payment Terms and Conditions:
By accepting a project with E-Live it is your responsibility to make payments or pay in full by the due date noted on your invoice. E-Live accepts direct debit transfers for payment. Please note that we do not accept any payments by fax or phone.
Most projects require a 50% deposit on acceptance of a quote. Payment Plans can be negotiated on a project-by-project basis.
The project will not commence until the 50% deposit payment is made and cleared in the E-Live bank account detailed on the bottom of each invoice.
On project completion the remaining 50% of the total quoted amount, plus any additional payments agreed to throughout the project will be sent for payment. If the final invoice amount is not received by the due date noted on the invoice, services created by E-Live may be terminated and you (the business) will not have access. In this scenario, all services provided by E-Live will be available for full use again, once payment has been received in full. All artwork, content and code remains the property of E-Live until the final invoice has been paid. At this time, ownership is automatically transferred to you (the business).
By accepting a project with E-Live you (the business) agree to make payments on the specified dates and the agreed amounts stated on the quotation and any email communication.
Bugs and user acceptance
Bugs:
Once your website goes live, we offer a 14 day period where ‘bugs’ are fixed. Bugs are defined as functionality that is broken. This 14 day period does not include additional interface changes, functionality adjustments, content management, website security issues or changes to the original project scope.
User acceptance:
It is your (the business) responsibility to do prompt thorough User Acceptance testing to ensure that the design and/or development meets the agreed specifications and to notify E-Live within 14 days of project completion if a fault is found. Issues reported after 14 days will be fixed at our regular ad-hoc contracting hourly rate of $100.00 + GST per hour.
Web browser testing
Websites are viewed using a Web Browser software. There are many different web browsers in use at any time and the developers are constantly changing how the browsers perform. In addition, browser plug-ins such as Flash, JavaScript, Java, PDFs, Video, Audio are constantly changing and may or may not be installed.
Due to the fact that different browsers interpret HTML code differently it is not possible to ensure that a website looks the same in all browsers. Common variations may include:
• different screen resolution
• different fonts and font sizes
• different colours
• different positioning and padding between elements
E-Live can only be expected to design websites to work with current browser technology, and can not guarantee that the site will function properly in future web browsers.
Attribution and Promotion
E-Live reserves the right to place our logo and a link to our website on any website or software we develop unless specifically outlined by client before development commences. We may also use The Clients name and website URL and images of the website/software in any promotional materials about E-Live.
Content insertion
If copy writing and proofing services are required E-Live can provide these services which will need to be quoted separately to the design and/or development of your website project.
In general, we do not develop website copy unless specifically scoped in a project. All copy must be provided by the client in a final proofed digital format. E-Live will simply copy-paste content directly into the final site designs and will not check content for errors. Any copy corrections will be charged to the client.
In the case of a Content Management System (CMS) based website, it is generally accepted that the client is responsible for entering and publishing all site content. E-Live will hand over site editing tools and provide documentation (and training if scoped). It is the client’s responsibility to become familiar with the site editing tools and enter all necessary content prior to the site launch.
The delivery date of a completed CMS based website is not dependant on completion or testing of client copy. Any delay in the creation of content by the client will not delay the final delivery and associated invoicing deadlines.
Client provided materials
In most projects, it is necessary for The Client to provide materials such as logos, images, text, site content and data. Where The Client provide such materials to E-Live, it is The Client’s responsibility to ensure the correctness of the content, that The Client has full rights to the content and that it does not violate any licenses or copyright.
If The Client changes content or images after it has been provided to E-Live then additional fees will be charged for work hours involved.
