Website Development Agreement

This Website Design Agreement (“Agreement”) is being made between {name} (“Client”) ABN: {abn} located at {address} and Erica Jeffrey (“The Web Designer”) of The Island Creative on this day {date} to design and develop a website for {businessName}.

Scope of Work

The services will be provided based on clients accepted proposal {proposalDocument}

Additional Inclusions will be quoted individually as required at the discretion of The Website Designer either at our hourly rate or as a seperate project.

The proposal includes the 2 rounds of revisions at each stage.

Payment Terms

The Website Designer has quoted {packageCost} inc GST for the services mentioned above as a fixed price based on inclusions layed out in accepted proposal.

We require a deposit on acceptance of all website proposals. This deposit reserves your project booking. Deposits are non refundable except at the discretion of The Website Designer.

You agree to stick to the payment schedule outlined in the proposal, and to pay our invoices in accordance with the terms stated on the invoice, or, if no terms are stated, within fourteen (14) business days (i.e., non-weekends which are not public holidays in Australia) of receipt.

Project Schedule and Timelines

Project Progress Points: The Website Designer will furnish a comprehensive project timeline and approximate dates in the client's Welcome Document. This schedule will outline key milestones and stages of the project's progression.

Adherence to Agreed Deadlines: While every effort will be made to meet the project deadlines established during the initial consultation, the ability to adhere to these deadlines is contingent upon the client providing all necessary materials in the required format and within the agreed timeframe.

Client Cooperation for Timely Completion: The client's timely provision of essential materials and information necessary for project completion is imperative. Delays in delivering required content, feedback, or approvals may impact the project timeline and completion date.

Review and Feedback Process: The client agrees to review the work delivered by the Web Designer promptly and provide feedback and approvals within the specified timeframe. Timely and constructive feedback is essential to maintain project momentum and meet established deadlines.

Mutual Responsibility for Timely Completion: Both parties acknowledge that meeting project deadlines is a collaborative effort. The Website Designer commits to timely progress and deliverables, while the client undertakes to facilitate the process by providing necessary inputs and feedback within agreed-upon timeframes.

The success and timely completion of the project are contingent upon both parties fulfilling their respective responsibilities as outlined in this agreement.

Client Responsibilities

Content and Materials: The client agrees to provide all necessary materials for the website, including but not limited to logos, images, written content, and any specific brand guidelines or assets required for the project. These materials should be provided in a timely manner as outlined in the project timeline.

Permissions and Rights: The client warrants that all materials provided to The Website Designer are either owned by the client or that the client has obtained all necessary permissions, licenses, or rights to use said materials in the website design project.

Testing and Review: Upon completion of the website or designated project milestones, the client agrees to thoroughly review the work delivered by The Website Designer. Any issues, errors, or required modifications should be communicated within the specified revision rounds or timeframe outlined in the contract.

Maintenance and Updates: Following the completion of the website, the client assumes responsibility for ongoing maintenance, updates, and management of the website unless additional maintenance services are agreed upon and outlined in a separate contract.

Confidentiality During the term of this agreement and afterward, The Website Designer will use reasonable care to prevent the unauthorised use or dissemination of Client’s confidential information. Confidential information is limited to information clearly marked as confidential. Confidential information does not include information that: the Web Designer knew before Client disclosed it; is or becomes public knowledge through no fault of The Web Designer; The Web Designer obtains from sources other than Client who owe no duty of confidentiality to Client, or Developer develops independently.

Archiving of Project Due to Lack of Communication 

In the event of no communication or response from the client for a period exceeding 21 consecutive days from the date of the last communication or milestone, The Website Designer reserves the right to archive the project temporarily. Archiving involves storing project files and work in progress in an organised manner to facilitate potential reactivation if the client resumes communication within a reasonable timeframe up to but not exceeding 3 months.

Should the project be archived due to lack of client communication, and the client wishes to recommence the project after the archival period, a reactivation fee of up to $1000 may be applied. This fee is intended to cover administrative costs, project review, and potential adjustments needed to reinitiate and resume the work.

It is essential to note that while efforts will be made to maintain project continuity, The Website Designer cannot guarantee the availability of resources, team members, or project status identical to the state before the archival period.

Intellectual Property

The Website Designer will own the design of the website and any tools utilised while developing the clients website until final payment is made. If the project is cancelled prior to completion, it is up to the discretion of The Website Designer what files are provided to The Client.

On completion of the project, The Website Designer will turn over all necessary files as required to The Client.

The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide The Web Designer with, and will not hold the Web Designer responsible for any third-party claims.

The Web Designer will guarantee that they have legal rights to all elements related to the services they are providing and will not hold the client responsible for any third-party claims.

Limitation of Liability

Neither party shall be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.

Insurance Coverage

The Website Designer maintains Professional Indemnity and Public Liability insurance coverage. The details of the insurance policies held are as follows:

Public Liability Insurance: The Website Designer holds Public Liability insurance coverage with a limit of $20,000,000. This insurance is designed to cover any claims arising from third-party property damage or bodily injury caused during the project execution, subject to the terms and conditions of the policy.

Professional Indemnity Insurance: The Website Designer maintains Professional Indemnity insurance with a coverage limit of $5,000,000. This insurance protects against claims made by clients or third parties arising from errors, omissions, or professional negligence in the services rendered.

The purpose of maintaining these insurance policies is to provide added protection and assurance to both parties involved in the project.

Late Payment & Consequences of Non-Payment

Invoices are due upon receipt unless otherwise specified in writing. In the event of non-payment by the due date indicated on the invoice, a late fee of 5% of the outstanding balance will be applied for every 7 days the payment remains unpaid.

Failure to remit payment within the agreed-upon timeframe may result in actions taken by The Website Designer, which may include but are not limited to:

a. Immediate Project Cancellation: The Website Designer reserves the right to cancel the project without further notice if invoices remain unpaid beyond the specified timeframe.

b. Suspension of Work: In the event of late or non-payment, The Website Designer may suspend all ongoing work related to the project until outstanding invoices are settled. This includes, but is not limited to, withholding access to website materials, pausing development, or taking down any published content or website.

c. Legal Action: The Website Designer reserves the right to take legal action to recover all outstanding fees, including late payment charges, and any legal costs incurred in the process. This may include engaging legal representation and seeking appropriate legal remedies to recover the owed amount.

Reinstatement of Services: Upon settlement of outstanding invoices, at the discretion of The Website Designer, reinstate services or resume work on the project. However, such reinstatement is subject to the availability of resources and The Website Designer's current workload.

Termination of Agreement

This Agreement will automatically terminate when both Parties have performed all their obligation under the Agreement and all payments have been made. Should there be a desire to terminate the agreement before the completion of the project, the Client will notify The Website Designer 30 days in advance, and pay for services already completed and for hours already worked.

Dispute Resolution

If either party accuses the other of being in breach of contract, the accused party will have 30 days to address the breach.

No transfering of contract

You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.

We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Tasmania.

The Website Designer

Name: Erica Jeffrey

Business: The Island Creative

Client

Name: {name}

Business:{businessName}