FOX & LEE PTY LTD TRADING & PAYMENT TERMS
Fox & Lee Pty Ltd © 2000. The Trading and Payment terms listed here is the property of Fox & Lee Pty Ltd.
These are the normal trading terms of Fox & Lee Pty Ltd. By proceeding to work with Fox & Lee Pty Ltd you are confirming that you have read and are in agreement with the terms and conditions listed here, including the payment terms, without misunderstanding. In the event of the client choosing to dishonour any or all of the Fox & Lee Pty Ltd Trading or Payment terms without prior notification in writing to do so Fox & Lee Pty Ltd may cease all current, pending and future projects until an alternative solution is arranged. Our Trading and Payment Terms are not created to harm or put any person or business in a position that causes uncomfortable circumstances. If there is a concern to any of the items listed please feel free to contact us to discuss the matter further.
1. Fox & Lee Pty Ltd require a detailed written brief or meeting describing what is required for the project before a quote is supplied and commencement begins.
2. Quotes are valid for 14 days from the date of issue.
3. On approval for projects to begin a 50% deposit is payable before the project will commence.
4. All our prices are in Australian dollars(AUD).
5. Fox & Lee Pty Ltd reserve the right to refuse services and/or access to its products to anyone.
6. Payments made to Fox & Lee Pty Ltd can be made by direct deposit or cheque. Every quote and invoice supplied will have payment methods outlined on it.
7. Final payments are to be made within 7 calendar days of invoice date unless otherwise arranged in writing.
8. Fox & Lee Pty Ltd reserves the right to remove or suspend a website or domain name should final payment be overdue.
9. Fox & Lee Pty Ltd employ the services of a debt collector to pursue any overdue balance payments. If an overdue account is referred to a debt collection agency and or law firm, you, the debtor will be liable for all costs associated including collection, commission and legal costs of the debt. To avoid this happening, we recommend all invoices be paid by the due date.
10. All work done will strictly follow the written brief and requirements for the project, factoring in our advice, professional improvements or additions that can be made to improve on the projects end result.
11. PDF proofs or online web proofs will be sent via email for approval and will not advance until instruction, comments/feedback and/or approval given. In the case of a printed proof being required – a quote will be organised and supplied.
12. In the unlikely event that an acceptable solution is not liked or accepted by the client, a fee for further work is usually renegotiated. However, we strive to begin every project with a clear understanding of what is required by the client to avoid this happening.
13. In the case of job requirements/requests changing from the original quote or brief midway through a project; all work will stop, a new quote will be released for the project to continue with the new requirements factored in and approval will be sought after, before commencement begins.
14. The quoted amount on a project is not subject to change after work begins except where the project duration has exceeded 3 months and has been inactive with no communication from the client, and/or the project requirements change by the client resulting in the project being out of scope or different to the original brief and quote.
15. If a project has been inactive with no movement or communication from the client or the project contact, for more than 3 months from the last point of contact and prior to completion of the project, the client will be billed for services and materials incurred up to that point and the project will be closed.
16. In the event of unforeseen circumstances where a project is required to be postponed prior to completion, Fox & Lee Pty Ltd then request this to be communicated in writing from the project contact notifying us of the circumstance and estimated amount of time the project would be postponed for. The client will be billed for services and materials incurred up to that point and the project will be put on hold.
17. Fox & Lee Pty Ltd can arrange the printing of a project upon request and requires a quote to be supplied and approved by the client. If Fox & Lee Pty Ltd are printing a project, we will manage the print process right up to delivery.
18. In the case of pre-arranged printing by the client, Fox & Lee Pty Ltd can prepare all artwork for high resolution printing and can send directly to the preferred print house or publication on request. Once artwork has been released to the printer it is then considered the clients responsibility to further manage the project with the printer. Project management of the print job is available through Fox & Lee Pty Ltd and does incur a fee.
19. In the unlikely event that an acceptable print solution is not liked or accepted by the client, a fee for further work is usually renegotiated.
20. Output of print colour may vary by 2 – 5% from what is viewed on screen and usually not noticeable by the human eye. This is because all computer screens and devices are shown in RGB (red green blue) colour mode and printing output is done on CMYK (cyan magenta yellow black) colour mode. Most screens with show a very close representation of what can be expected from the printed piece, however if an exact colour match is required we then recommend a printed sample be ordered first before a large print run be carried out. In the case of a printed proof or sample being required – a quote will be organised and supplied.
WEBSITE DESIGN & DEVELOPMENT
21. Fox & Lee Pty Ltd design and develop custom websites to suit client needs.
22. All websites that Fox & Lee Pty Ltd produce will carry the text ‘Website by Fox & Lee’ at the very bottom of the site in an inconspicuous position to further promote Fox & Lee Pty Ltd, unless a written request to not do so is supplied to Fox & Lee Pty Ltd.
23. All websites done with Fox & Lee Pty Ltd can be built with a CMS (Content Management System) so the client may access some of the content on the website to update and upload with ease. Login details are provided on completion of the website.
24. Fox & Lee Pty Ltd can provide onsite training for the CMS of a website, which does incur a fee. A quote can be supplied on request.
IMAGERY / PHOTOGRAPHY
25. Fox & Lee Pty Ltd may on occasion purchase and/or supply stock imagery within website designs for the purposes of achieving the over-all look and feel of the design and the messaging of either products and/or services. The imagery supplied by Fox & Lee Pty Ltd within website designs remains the property of Fox & Lee Pty Ltd and licensed to Fox & Lee Pty Ltd only (not the client). The re-use or re-production of the any images within the website design is strictly prohibited and protected by copyright laws. Permission to use the imagery elsewhere, other than the website, must first be sought after from Fox & Lee Pty Ltd – failure to do so may result in a fine or fee from the original stock library or photographer. Right clicking and saving an image from the website and using that image elsewhere, other than the website, is strictly prohibited without prior permission.
26. If imagery is supplied to Fox & Lee Pty Ltd from the client, for the purposes of the project, the imagery is then the property and responsibility of the client and licensed to the client. Fox & Lee Pty Ltd will not use, reproduce or copy any imagery supplied by the client for any other project, other than the intended project for that client. If imagery is supplied to Fox & Lee Pty Ltd from the client, the client acknowledges that they are the responsible owner and are licensed for the legal use of the imagery.
27. If the client is planning further marketing for their business and would like to use imagery from the website on their marketing communication, be it a digital or printed piece, Fox & Lee Pty Ltd recommend that the client purchase any or all stock imagery themselves and supply to Fox & Lee Pty Ltd for the website (so they are the licensed holder for that imagery) and so that they may then legally use that imagery elsewhere.
28. If in doubt about any imagery on your website, please contact Fox & Lee Pty Ltd so we may be of assistance.
29. Fox & Lee Pty Ltd cannot guarantee the requested domain name/s will be available for registration.
30. It is the client’s responsibility to keep Fox & Lee Pty Ltd up to date with their contact details. If Fox & Lee Pty Ltd cannot contact the client at the time of domain name renewal it may result in the website going off line.
31. If the client fails to pay the domain name renewal in a timely manner and the subscription is cancelled as a result, Fox & Lee Pty Ltd cannot guarantee the domain name will still be available if the client wishes to re-purchase it again at a later date.
32. Domain name registration by or through Fox & Lee Pty Ltd and managed on behalf of the client will always remain as the client’s property. If the client should choose to manage a domain name themselves at a different location, we then require a written 30 day notification for the requested changes so the transfer and release can be done correctly. We respect the wishes of all our clients and like to be of help, in the case of a transfer we do like to be notified simply so we may help you get the transfer done as quickly as possible without delay or confusion.
33. Fox & Lee Pty Ltd prefer clients’ to host their website via Fox & Lee Pty Ltd for reliability and technical understanding, easy management, installation, trouble shooting and technical help.
34. Fox & Lee Pty Ltd outsource and engage the services of a third party trade web hosting company who are trusted within the industry. We only use the services of professional and reputable businesses that are more than capable of providing the services required for our clients’ needs.
35. If Fox & Lee Pty Ltd cannot host a website due to resources, demand or other contributing factors that are beyond our control, we will then provide details of a resource that can help the client.
36. Fox & Lee Pty Ltd do not provide 24 hour 7 days a week technical help. Our business hours to be contacted are Monday to Friday from 9:00am – 5:00pm AEST with the exception of public holidays or during times office closure.
37. Website hosting is renewed on an annual basis only. Failure to pay the renewal subscription by the due date may result in the hosting service being cancelled causing the website to go off line, including all associated emails.
38. Fox & Lee Pty Ltd do not provide technical support for personal home/office computers and/or devices and software.
39. Fox & Lee Pty Ltd take no responsibility for loss of business due to server down time, errors or hacking, malicious code or illegal activities of a third party that affect a website.
40. Fox & Lee Pty Ltd take no responsibility for the client not having the necessary equipment and/or knowledge to properly view their project.
41. Fox & Lee Pty Ltd use secure and reliable hosting servers for any ecommerce web hosting that requires SSL Certification and offers very high banking security approved by Australian standards for any transfer of financial funds over a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard.
42. Under the strict and ethical standards of Fox & Lee Pty Ltd, all client details are kept private and confidential and are not shared, shown or sold to any bodies, firms or companies.
43. Fox & Lee Pty Ltd take client privacy very seriously, including but not limited to any passwords created on a client’s behalf for access to a website, emails or other sensitive information to any subscription services offered. We provide these details to the client in the utmost confidence that it is the client’s responsibility to keep them in a safe place and out of public view.
44. Fox & Lee Pty Ltd do not take responsibility for the client losing passwords and/or login details to access their website, emails or other sensitive information. If the client loses this information and/or requests the password details to be changed, we then require a written request to do so and may incur an administration fee.
45. Fox & Lee Pty Ltd do not take responsibility for damages caused to the client due to their loss of passwords.
CANCELLATIONS & REFUNDS
Note: All cancellations must be requested and notified in writing from the client. We require 30 days notice to cancel all subscriptions and services. Some services, including SEO, eDM, monthly retainers, domain names and web hosting require a signed cancellation form which can be downloaded here.
46. If a project is cancelled prior to completion, the client will be billed for services and materials incurred up to that point and the project will be closed. Failure to pay the invoice will result in the account being released to a debt collecting agency to pursue. Please refer to point number 9 of the Payment Terms.
47. All deposits and fees paid are non-refundable after the design begins and/or after 14 calendar days has elapsed since the date of deposit paid.
48. The cancellation of a domain name will not be refunded. We require a signed cancellation form with a 30 day notification period. A cancellation form can be downloaded here.
49. The cancellation of website hosting will not be refunded. We require a signed cancellation form with a 30 day notification period. A cancellation form can be downloaded here.
Note: Once website hosting is cancelled all associated email accounts with that hosting plan will also be cancelled. If the client wishes email accounts to remain activated they must advise Fox & Lee Pty Ltd of this on the cancellation form. Fox & Lee Pty Ltd take no responsibility for the loss of email accounts or information associated with it due to lack of communication when cancelling the website hosting.
SIGNING OFF & COMPLETION OF A PROJECT
50. Fox & Lee Pty Ltd reserves the right to show or display any work produced for a client to further promote Fox & Lee Pty Ltd, unless a written request to not do so is supplied to Fox & Lee Pty Ltd.
51. If any further changes to a project are requested after approval or sign off, it will then need to be quoted and billed separately.
52. It is the client’s responsibility to ensure all copy, contact details, emails, website addresses and information on any artwork is correct before final approval is supplied. Fox & Lee Pty Ltd will not be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: Spelling, grammar, colour, typing errors or oversights the client has not located before printing or upload.
53. Fox & Lee Pty Ltd can provide the services of a professional proof reader to facilitate in a document being displayed accurately. A quote can be supplied for this service on request.
COPYRIGHT & TRADEMARKS
54. The copyright of any work produced by Fox & Lee Pty Ltd for the client remains the property of Fox & Lee Pty Ltd. Preliminary ideas, roughs and/or artwork created by Fox & Lee Pty Ltd in the course of developing client projects remain the property of Fox & Lee Pty Ltd. Use or development of such ideas, roughs and/or artwork by persons or firms other than Fox & Lee Pty Ltd is prohibited without permission in writing from Fox & Lee Pty Ltd. The copyright of material produced for the client can be released to the client and incurs a fee for release of the original artwork, archive retrieval and transfer of the data. A quote is supplied upon request.
Note: Once the copyright of artwork is released to the client, Fox & Lee Pty Ltd take no responsibility for damages caused to the client and/or the brand due to lack of responsibility in keeping the data safe and secure. We release the artwork to the client with the utmost confidence that it is the client’s responsibility to keep the data safe and out of public view.
55. The client warrants that it has the right to use the applicable name trademarks, if any.
56. If the client wishes to Trademark, Copyright or apply a Registered Trademark on a symbol or logo they may do so at their own discretion and organise the matter themselves. Unfortunately, Fox & Lee Pty Ltd do not offer these services.