Terms and Conditions

PAYMENT TERMS
Fees quoted are valid for 60 days from the date of issue. Our payment schedule is as follows:
• 50% of the total project cost will be invoiced on design approval by the client and prior to commencement of the project. Work will be scheduled to commence when initial payment is received.
• The final 50% will be invoiced at project completion and must be paid before the site is live.
• Should the project exceed the agreed completion date by more than 14 days due to any delays by Graphic Encounters, we will issue the final invoice (minus 5% of the total project cost)

Updates outside original scope
In the event of any variations or extensions to the project, or should a client wish to engage Graphic Encounters on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

SERVICE TERMS

Intellectual Property
Graphic Encounters reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance
Content – Graphic Encounters can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.
Software Maintenance – Graphic Encounters guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.
Platforms:

  • Windows (XP SP2 up to current full version)
  • Macintosh (OS 10.1 up to current full release version)

Browsers

  • Internet Explorer – version 9 up to current full release
  • Firefox 4 up to current full release
  • Apple Safari – version 5 up to current full release

Browser Plug-ins:

  • Current version of Flash Player
  • Windows Media Player
  • QuickTime

Variations and Extensions
In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. Graphic Encounters can also be engaged on a time and materials basis.

Approval/Sign-off
To authorise commencement of a project, Graphic Encounters must receive confirmed approval following each quote. This should be emailed to info@graphicencounters.com.au  All quotes are valid for 60 days from date of issue.

FULL TERMS AND CONDITIONS – GRAPHIC ENCOUNTERS

By placing an order with Graphic Encounters, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Project stages

Stage 1 – The client must thoroughly review the website design, providing feedback within a reasonable timeframe.
Stage 2 – The client must review the design layout and provide feedback within seven business days.
Stage 3 – The client must carefully review the completed website including all content, providing feedback on any requested changes within five business days.

Final review- The client will review any changes made in stage three and authorise Graphic Encounters to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises Graphic Encounters to begin work. On commencement the development team will proceed in accordance with the specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, Graphic Encounters will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Bugs or system errors

When a project has been delivered, approved and hosted the client will have a three-month grace period where Graphic Encounters will address any reported system errors or bugs free of charge. After this grace period any required maintenance may be billed at our standard hourly rates.

Website Design

  1. Whilst every endeavour will be made to ensure the website and any scripts or programs are free of errors, Graphic Encounters does not accept responsibility for any losses incurred due to website malfunction.
  2. The project and any associated graphics and files remain the property of Graphic Encounters until all accounts are paid in full.
  3. Any scripts, cgi applications, php scripts, programming code or software written by Graphic Encounters remain the property of Graphic Encounters and may only be commercially reproduced or resold with the permission of Graphic Encounters.
  4. Graphic Encounters cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.
  5. Any additions to the brief will be carried out at the discretion of Graphic Encounters. Where no charge is made by Graphic Encounters for these additions, Graphic Encounters accepts no responsibility to ensure these additions are error free.
  6. Graphic Encounters reserves the right to charge an appropriate sum for any correction to these or further additions.
    The client agrees to provide Graphic Encounters all materials required to complete the site (files, content and images) in a timely fashion.
  7. Graphic Encounters will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Graphic Encounters to meet agreed deadlines.
  8. Graphic Encounters will not be liable or become involved in any disputes between the site owner and their clients and Graphic Encounters cannot be held responsible for any wrongdoing on the part of a site owner.
  9. Graphic Encounters will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.
  10. Graphic Encounters will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

Content and data entry
The supply of content and assets is the responsibility of the client, unless the client is employing Graphic Encounters to source materials or provide textual content for the project.
All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.
Content must be thoroughly reviewed before it is supplied to Graphic Encounters. Graphic Encounters is not responsible for any spelling and grammatical errors.
Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Project delays
Where a project has final approval Graphic Encounters will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Graphic Encounters reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and e-commerce development
Graphic Encounters cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by Graphic Encounters before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications, php scripts or software written by Graphic Encounters remain the property of Graphic Encounters and may only be commercially reproduced or resold with the permission of Graphic Encounters.
Where applications or sites are developed on servers not recommended by Graphic Encounters, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Graphic Encounters for external hosting will incur additional charges.
Where a large application is to be developed, the client is responsibile for providing a testing environment as similar as possible to the final production environment.
When a project has been delivered, approved and hosted by Graphic Encounters, the client will have a three-month grace period where Graphic Encounters will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility
Graphic Encounters will ensure that any site or application will function correctly:

  • On the server to which it is initially installed
  • When viewed with current Microsoft Internet Explorer version 8 to current full release
  • When viewed with Mozilla version to the current full release
  • When viewed with Google Chrome to the current full release

Graphic Encounters can offer no guarantee of correct function with all browser software including future releases.

Website hosting
Graphic Encounters cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.
Graphic Encounters reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms
Hosting is available through Graphic Encounters hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Payment of accounts
A deposit by the client is required before Graphic Encounters can commence a project. Any outstanding accounts for work completed by Graphic Encounters or our affiliates requires payment in full no later than 7 days from the date of invoice. At completion of a project, the client is obliged to pay the balance in full prior to the site going live.
Graphic Encounters will contact clients to remind them of payments due if they are not received. If accounts are not settled and Graphic Encounters have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Technical Assistance & General Support
Any client experiencing problems with a web service provided by Graphic Encounters should contact support@graphicencounters.com.au Clients should supply the URL of the problem and clearly outline the issue in question.
Graphic Encounters will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure
The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Graphic Encounters who will acknowledge receipt and ensure that the matter is examined within two business days.
An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

*Please Note: These terms and conditions are subject to change at any time at our discretion. You will be notified via email in this instance.

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