Below are the Identity Perth standard terms and conditions. It is important that you (The Client) take the time to read and understand ensuring you fully understand these terms and conditions. This is to ensure the trust between both you (The Client) and agency expectations are met outlined through a written agreement. By accepting our cost agreement or commencing work with Identity Perth you are agreeing to all Terms and Conditions outlined.
All project estimates are provided in Australian Dollars, unless specified, and GST will be applied to all invoices for services supplied to Australian entities. A non-refundable deposit will be invoiced and due immediately upon approval of the estimate and proposed timelines, to ensure that schedules can be finalised for this work. Remaining fees are payable per terms outlined in the approved estimate and/or scope documentation. Payment terms for invoices are strictly 14 days.
If payment has not been received by the due date, Identity Perth has the right to suspend ongoing work for the Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 14 days after the due date, Identity Perth has the right to replace, modify or remove the website and revoke the client’s licence of the work until full payment has been received. In the case of hosting or maintenance agreements, this may result in the suspension of your account.By revoking the client’s licence of the work or removing the website from the internet, Identity Perth does not remove the client’s obligation to pay any outstanding monies owing.
Feedback and revisions to align with the agreed scope are included and timings outlined in the estimate. Feedback can include author’s corrections, minor styling issues, refinements to type sizes, colours, comments on how any transitions are working. Any feedback must be collated and delivered together. Additional corrections or draft revisions, outside those specified, will be classed as a variation and will be billed at a rate of $180/hr. Any ‘major’ changes, such as structural layout changes that vary significantly to the designs, will be identified and quoted at a rate of $180/hr (or $250/hr if required at priority), before development proceeds.
Works requested outside those described in the above estimate, or changes requested after the site has been fully signed-off, will be quoted separately or charged at an adhoc hourly rate of $180/hr. This does not include fixes to bugs or technical issues within the agreed scope (see Warranty Period).
As a client of Identity Perth you are responsible for complying with all relevant laws relating to e-commerce, and, to the full extent permitted by law, will, protect, defend and indemnify Identity Perth from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of internet electronic commerce.
Any work carried out by Identity Perth carries a 30-day warranty period where any in-scope bugs or errors discovered after the go-live of the production site will be fixed free of charge. It is at the discretion of Identity Perth whether any further bugs that arise after the end of the warranty will be addressed free of charge. It is the discretion of Identity Perth whether any tweaks can or cannot be covered under this warranty. After 30 days, a Client may choose to enter into an an ongoing maintenance agreement with Identity Perth, which can be adapted to suit Client’s requirements.
The client is to supply all materials and information required to complete the work in accordance with the agreed specifications. Such materials may include, but are not limited to, photographs, written-copy, logos and other digital materials, logins or passwords to third party products (e.g. social media accounts). Where the client’s failure to supply such materials leads to a delay in completion of the work, Identity Perth has the right to extend previously agreed deadlines and associated fees for the completion of the work by a reasonable amount. Where the client’s failure to supply materials prevents progress on the Work for more than 10 business days, Identity Perth has the right to invoice the client for any part or parts of the work already completed.
The client will obtain all the necessary permissions in respect to the use of all copy, graphic images, font licensing, registered company logos, names and trademarks or any other material it supplies to Identity Perth and/or includes in their website or web applications. The conclusion of a project between Identity Perth and the client shall be regarded as a guarantee that all such permissions have been obtained by the Client, and that the inclusion of material on a website or in the software would not constitute a criminal offence. By agreeing to these terms, the client removes the legal responsibility of Identity Perth and indemnifies the same from any claims or legal actions, however related to the content of the client’s website or software.
Once Identity Perth has received full payment of all outstanding invoices and the work has been approved by the client, to the extent that any law prevents or prohibits full ownership in the website and its design including all intellectual property belonging to or transferring to the client, the client will be granted a licence to use the website and its related software and contents for the life of the website.
The licence of use can be transferred to another party if that party has bought or acquired the business from the client. Written notification must be made to Identity Perth if the licence is to be transferred.
To the extent that any website code ownership of which cannot pass to the client under these terms and conditions, or that is not freely accessible to third parties and not in the public domain, and to which Identity Perth or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Identity Perth. Unless previously agreed otherwise in writing, no modifications may be made by the client or any third party to code to which Identity Perth or their suppliers owns the copyright.
On completion of the work stages, the client will be notified and have the opportunity to review a test site link – also known as a Staging site link. The client should notify Identity Perth in writing, of any feedback or unsatisfactory points upon receipt of such test links, and within the timeframe outlined in the estimate and/or scope documentation. Any work that has not been reported in writing as unsatisfactory within the review period, will be deemed to have been approved. Once approved or deemed approved the contract will be deemed to have been completed and the balancing payment will become due. Work cannot be subsequently rejected.
If the client requests further amendments to work after they have already provided approval of the work, further work may be subject to additional charges at Identity Perth’s discretion, regardless of whether work is considered “in scope” or “out of scope” of the original agreement.
The proposed timelines are contingent upon full cooperation of the client, receipt of complete and final designs and/or content for the website, and delivery of feedback and approvals within the timeframes provided in the estimate and/or technical scope
Additional fees and charges may apply at Identity Perth’s hourly rate of $180 if the project schedule is extended beyond the agreed timeline at Identity Perth’s discretion. This includes but is not limited to the below examples:
During development there may be questions or feedback required in order to progress to subsequent phases. A single point of contact is to be appointed from the client side, and made available in order to expedite the feedback process.
Furthermore, incomplete content, or content requiring alteration during the development phase can add delay to the project. Identity Perth cannot be held to the agreed delivery date if the above conditions are not met.
– Client requests to delay go-live dates for any reason. – Delays in critical deliverables such as completed designs, Technical Scope – feedback/approval, or other feedback/inputs from the Client. – Additional rounds of feedback from the Client. – Delivery of designs in phases when a Phased approach has not been agreed upon previously.
By using current versions of well-supported content management systems (CMSs) including but not limited to WordPress or Shopify, Identity Perth endeavours to ensure that the websites we create are compatible with all recent versions of commonly used web browsers such as Edge, Firefox, Google Chrome and Safari, on recent device types. However, please note that we no longer support Internet Explorer or Opera, and cannot guarantee compatibility when using in-app browsers such as LinkedIn or Facebook. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate Identity Perth will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found. Please ensure that your browser is up to date and that you are using a current or recent device model, prior to testing the staging link.
Identity Perth will perform basic search engine optimisation and build your website according to current SEO best practice. Identity Perth does not guarantee any specific position in search engine results for your website. For additional tips on how to optimise your site to improve visibility on search engines, refer to the Google starter guide.
Identity Perth are pleased to offer several hosting, support and maintenance plans to support your website post-launch. Our servers and website software are kept up to date at the best of our ability. We do our best to minimise downtime during these updates. Identity Perth cannot give a 100% guarantee that there will be any hosting interruptions or downtime from its hosting supplier and shall attempt to inform of any scheduled updates or maintenance, but we have achieved 99.9% uptime in the past. Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by Identity Perth prior to development work commencing.The Client recognises that the continued operation of the website might be compromised by a third party hosting company or developer. In such instances, if the website requires service by Identity Perth, the Client will be liable for any work conducted by Identity Perth.
Identity Perth does not provide server, FTP, ‘Top Level’ CMS/CRM admin access or file access for any of our websites, unless a special request is made by our clients. In these circumstances, any remaining warranty time left on the project will be voided.
After server, FTP, file, CMS or CRM access has been granted, Identity Perth cannot be held liable for any damages, data breaches, data loses incurred, or errors that arise on the site – in relation to your content or website in any form.
Any requests to rectify errors arising after access is provided will be subject to a rate of $250 per hour.
Identity Perth shall not be held responsible for any loss of earnings, business, or bookings arising from edits/updates, malfunctions, disruptions, or downtime of client websites. While Identity Perth strives to provide reliable and continuous website services, clients acknowledge that unforeseen technical issues may occur. Clients are encouraged to implement and talk to Identity Perth to plan their own safeguards, such as regular data backups and contingency plans, to mitigate potential losses. Identity Perth disclaims any liability for direct, indirect, incidental, or consequential damages resulting from website malfunctions. By engaging Identity Perth’s services, clients agree to indemnify and hold Identity Perth harmless from any such claims, costs, or losses.
Web maintenance is an important part of managing any website. Having a website that is out of date or functioning incorrectly is just as bad as having no website at all, so it’s important to make sure that you try to keep your website up-to-date. Due to the rapidly evolving nature of website development and ongoing updates in digital technology (third party plugins, CMS platforms, APIs, browsers) Identity Perth advises clients to consider taking up a maintenance and support agreement, to ensure that your website remains current and functioning efficiently after your warranty expires.
No new Development company or freelance individual is permitted to work on your site’s code files, while Identity Perth are the primary developers and maintenance providers. Please contact hello@identityperth.com to discuss your ongoing maintenance needs and payment options.
The support can be routine or planned (recommended for larger, complex sites), ad-hoc, or emergency (requiring of immediate action by the Service Provider “Identity Perth”). Maintenance may not include new feature requests, and this will be quoted separately.
Website Maintenance assists with technical and operational support related to your website. Assistance includes interaction with a Content Management Systems (CMS), maintaining platform (e.g. WordPress), plugins and themes where necessary, to ensure the safe, secure, efficient and effective running of your website.
This maintenance may include, but is not limited to:
– Regular Backup – Regular bandwidth check – Checking website for any issues that can affect the web server/hosting speed and bandwidth – Disaster recovery of websites from backup, as needed- Security scans if needed- Quick/Priority response time
Identity Perth acknowledges that all information and materials provided to us by the client under, and in connection with, the works are supplied solely for that purpose and Identity Perth specifically acknowledges that the information provided is communicated or made available on terms of strict confidentiality. Identity Perth acknowledges and that the client may suffer damage as a result of the disclosure, communication, or use of that information or any part of it to or by any unauthorised person. Confidential information will be used by us only:– for the primary purpose for which it was obtained– for a secondary purpose that is directly related to the primary purpose with your consent;– or where required or authorised by law in accordance with Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act).Should your company require Identity Perth to sign a confidentiality agreement relating to your company’s business interests and projects, we would be happy to do so.
The EU General Data Protection Regulation (GDPR) came into effect on 25 May 2018. It has been designed to harmonise data privacy laws across the European Union (EU) and offer enhanced privacy protections for individuals in the EU. The extra-territorial reach of the GDPR is arguably the biggest regulatory change for data privacy laws internationally. The extra-territorial scope of the GDPR is designed to make entities accountable for their data processing activities, regardless of their location, when processing the personal data of individuals in the EU. Identity Perth encourages and supports the creation of an Online Privacy Policy by all clients. It is the responsibility of all clients to ensure they correctly adhere to the GDPR regulations. Identity Perth is not liable for breaches of GDPR on the Client’s website.
A helpful factsheet has been created by the Office of the Victorian Information Commissioner to help you work out your GDPR obligations: www.cpdp.vic.gov.au/
