Terms and condition’s of Trade & Engagement of Services
(AC V1.1 @ 1st an 2017)
Terms and Condition’s of Trade & Engagement of Services
This Agreement was entered into voluntarily between Search Brown on the day in which the Quotation/Invoice was issued by Search Brown to the Customer/Client (Hereinafter called “The Client”).
“The Client” named herein this Quotation/Invoice, hereby agrees to the following Terms and Condition’s of Trade and Engagement of Services:-
1) All Invoices issued by Search Brown are payable as follows:-
(i) “The Client”, agrees to pay 60% of the amount shown herein this Quotation/Invoice, or as otherwise agreed to between “The Client” and Search Brown in writing, at the time in which “The Client” approves acceptance of the Quotation/Invoice and the scope of works issued by Search Brown.
(ii) The Balance is payable by “The Client” to Search Brown, prior to, or simultaneously at the time the contracted work has been completed by Search Brown on behalf of “The Client” (“The Launch”).
(iii) Search Brown will not place the site on a live server until the full payment is received. Search Brown will own all rights to the website until final payment is received in full. Payment plans can be organised upon request.
2) Any Invoice issued by Search Brown and remaining outstanding for payment by “The Client”, beyond the time frame stated in (1.i & 1.ii) herein, will be subject to a “Late Payment Fee” equal to 1.0% per month or AUD$25.00 (Whichever is the greater of the two amount’s), until paid in full by “The Client” and received by Search Brown.
3) Search Brown will remain the undisputed beneficial owner and/or title holder of any contracted work completed for “The Client”, relating to “Electronic Websites”, “Website Addresses”, “E’Mail Addresses”, “Printed Material”, “Data”, “Graphic Design Artwork”, “Designs”, “Logo’s” “Cinematography” etc., until paid in full by “The Client”.
4) “The Client” agrees without challenge, dispute or arbitration, and hereby provides their pre-consent and authorisation to Search Brown to suspend, withdraw, remove and/or temporarily terminate from the Host Service any and all information, access etc. provided by Search Brown for “The Client”, until such time “The Client” has paid for in full any and all outstanding unpaid invoice/s issued to it by Search Brown.
5) In the event of Search Brown having to instigate any “Termination, Suspension, Withdrawing of Media, written material, with-holding of final completed works etc”. from “The Client”, “The Client” hereby indemnifies Search Brown against any legal process and/or action which may arise directly, indirectly and/or consequentially for such action’s taken by Search Brown, and “The Client” further agrees that they will assume all responsibility to the party commencing such action as stated above.
6) The person/s and/or corporation who’s name appears on the Quotation/Invoice issued by Search Brown, hereby indemnifies Search Brown for any and all out of pocket expenses and Costs incurred by Search Brown for any debt recovery proceedings which are instituted against “The Client”. “The Client” further indemnifies “Search Brown” for any demand for payment being issued by Search Brown to it, relating to this Clause.
7) Any intended proceedings are to be instituted within the jurisdiction of N.S.W. The amount/s and entries contained in this Quotation/Invoice and/or any subsequent Invoice/Statement issued by Search Brown to “The Client”, shall be deemed “Prima Facie” evidence of the indebtedness owing by the “The Client” named herein to Search Brown from time to time, and unless written notice is issued by “The Client” and given to Search Brown within (7) seven days from the date of the Quotation/Invoice/Statement is rendered, the amount shown therein will be deemed undisputed and payable by “The Client” to Search Brown forthwith upon demand.
8) Mock up
(i) A mock up will be created for every new website. At a minimum, this mock up will include the layout colour scheme and design for the home page. You are allowed two revisions to the mock up. Any revisions following this will be charged at an additional rate of $100 per hour. Any changes to the design other than what is displayed in the final approved mock up will also be charged at an additional $100 per hour.
(ii) If any images are to be supplied by the client, this must be done on or before the deadline (agreed upon by the client and Search Brown). In the case that the images are not supplied by this date, placeholder content will be supplied. The cost to remove placeholder content is charged at the support fee of $100 per hour. The development of the website will be delayed indefinitely.
(iii) During the creation of the mock up the Search Brown will request the approval of the customer as each page is completed. After an approval request is made the customer must give approval or request further changes to the design within 5 days. If the 5 day period is exceeded Search Brown reserve the right to delay the design up to 6 weeks. Search Brown reserves this right as excessive delays due to lack of customer feedback and communication have a knock on affect, delaying the builds of other customers. NB: An estimated start to finish project timeline is less than 10 weeks.
9) Website Content
(i) Content for the website may be supplied by the client for free, or written by our in-house content writer. This is charged at $100 per hour. Virial content artiles & other associated additions will incur additional charge and will be quoted in your initial Search Brown quotiation. If additional/s are requested outside of the specified items, additional charges will be quoted and supplied for approval.
(ii) If the content is supplied by the client, the content must meet the following criteria:
(a) All content for the website must be supplied in its entirety within 14 days of request from Search Brown unless otherwise stated. if content is not supplied within this period “Search Brown reserve the right to delay the website by up to 6 weeks. Customers on direct debit will continue to be billed during the 6 week delay.
(b) It must be clearly labelled where on the website the content is to be located,
(c) The content must be supplied in either one document, or one email. Content supplied in any other format other than by email or inside a document will not be accepted,
(d) Any changes to content or variations from the final content approved by the client will incur a charge of $100 per hour to complete.
(e) Additional scopes of work requested outside of the initial Search Brown quotation, may incur additional an additional cost. These costs will be provided as a quotation for approval prior to commencement.
(iii) Search Brown takes no responsibility for spelling or grammatical errors within the content if provided by the client. If any content is to be supplied by the client, this must be done on or before the deadline (agreed upon by the client and Search Brown). In the case that the content is not supplied by this date, placeholder content will be supplied. The cost to remove placeholder content is charged at the support fee of $100 per hour. The development of the website will be delayed indefinitely.
(iv) “Built, Designed or Powered by Search Brown” Footer Link on “Clients” website is a mandatory feature of a website that is Designed, Built or Managed by Search Brown. Removal of this section incorporates a $900 (ex GST) fee chargeable at request of removal. The signature of Search Brown in the website footer of the “client’s” website is considered the signature of the Artist’s work and is a reference to Search Brown.
10) Search Brown Support
(i) You are eligible for 10 business days of free Search Brown support, at the discretion of Search Brown. Free support is only available for problems that occur within website build, which are at the fault of Search Brown. Outside of the 10 business days of after sales support, out of scope support fees are charged at a minimum of $100 per hour. A quote is provided of scope support upon request.
(ii) After sales support may not immediate. For immediate and urgent requests, an additional cost to the support fee will be incurred. All support requests, including urgent requests, must be sent [email protected] Your request will be processed as a priority support ticket.
(iii) Search Brown office meetings must be arranged and confirmed by Search Brown prior to taking place. Search Brown does not undertake any in office meetings with a turn up unplanned encounter.
11) Prices are exclusive GST
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