Terms of service

terms of service

At Strathwarren Digital we want you to love your new or improved website !!

These terms of service outline our obligations to each other in connection to your website project.

Please do not get caught up in the legal jargon of this document.

Instead, if you have any questions, concerns or points of clarification, please call us anytime on 0474229455 or email me at [email protected] and we will work to resolve matters quickly and to yoursatisfaction so you can get the most out of your new website!

1. Definitions

• 1.1. DefinitionsTotal Cost means the aggregate of the fees and other amounts payable by the Business to the Consultant as set out in this Statement of Work.
• 1.2. Commencement Date means the date of this document or such other date as agreed between the Business and the Consultant.
• 1.3. Completion Date means any completion deadline or date shown in the Project Scope.
• 1.4. Services means the services described in Project Scope.

2. Performance of Services

• 2.1. Business outcomesThe Services are to be performed, if there is a Completion Date, by the Completion Date, andin any case at the times and to achieve the business outcomes reasonably required by theBusiness.
• 2.2. Manner of performanceThe Consultant must perform the Services in a proper, workmanlike, timely and professionalmanner and exercise the skill, care and diligence to be expected of a consultant experienced inthe provision of services similar to the Services.
• 2.3. Compliance with reasonable requestsThe Consultant must comply with all of the Business’s reasonable requests about theperformance of the Services.

3. Fees

• 3.1. The Consultant will issue an Invoice after the completion of each agreed milestone.
• 3.2. The Consultant will issue the final invoice after:

• 3.2 a) Payment has been received for all previously issued invoices and
• 3.2 b) the Work, Services and Feedback briefings outlined in Project Scope have beencompleted and
• 3.2 c) the website has made available publicly available on the internet.

4. Intellectual Property Rights

• 4.1. The Consultant assigns to the Business all present and future right, title and interest (includingall Intellectual Property Rights) in anything prepared by the Consultant or in performance of theServices.
• 4.2. For the avoidance of doubt, the Business shall own the rights represented by the static versionof the site, consisting of the images provided to the Consultant by Business, the HTMLrendered code, cascading Style Sheets and customer-side scripts.

5. Confidentiality

• 5.1. The Consultant must ensure it does not:
• 5.1 (a) disclose any Confidential Information; or
• 5.1 (b) use any Confidential Information in any manner which may cause or be calculated to causeloss to the Business.

6. GST

• 6.1. Unless otherwise expressly stated, all prices or other sums payable or consideration to beprovided under this document are NOT inclusive of GST.
• 6.2. The Consultant will advise the client with 48hrs, if there is any change to inclusion of GST.

7. Third Party Software

• 7.1. GLS Online Pty Ltd trading as STRATHWARREN Digital, ABN: 326 524 618 48
• 7.2. Some third Party Software will be included in build or repair costs so will be provided free of charge. The software is licenced to the Consultant for distribution in a project but cannot beresold by the Client
• 7.3. Any Third Party Software not listed above and not mentioned in the Project Scope as beingincluded will be negotiated as the responsibility of the client to cover.
• 7.4. Any Third Party Software used by the Consultant must be properly licensed to the Business,with full and appropriate legal documentary evidence in support and any money payable to athird party shall be paid by the Consultant.

8. Payment Terms

• 8.1. The Business must pay the Invoice within 14 calendar days of receipt of each invoice.
• 8.2. The Consultant reserves the right to charge the Business interest on any outstanding amountat the rate of 5 percent per month.
• 8.3. The Business must pay the Invoice within the same financial year that the Invoice is issued.The Consultant reserves the right to charge an additional 20% on any outstanding amount ifpayment is received after the end of the financial Year.

9. Termination

• 9.1. Termination by InactivityIf after 6 months from commencement date, the majority of the Services outlined in ProjectScope have been completed, yet the site has not yet launched due to of inactivity from theBusiness (eg. failing to respond to messages) then the Statement of Work is terminated finalpayment will become due.
• 9.2. Expiration of ServicesIf within six 6 months of the Commencement Date the Business has not requested any work tobe performed or the Business has not provided the required resources to commence theServices (eg. website copy or images) then this Statement of Work is terminated and anypayments paid in connection with this Statement of Work shall be retained by Consultant.
• 9.3. Termination by BusinessIn the event that this Statement of Work is terminated by the Business prior to completion of theServices but where the Services have been partially performed, the Consultant will be entitledto pro rata payment of the Total Cost to the date of termination provided that there has been nobreach of contract on the part of the Consultant.

10. Warranty

• 10.1. Within 30 calendar days after launch of the website, the Consultant will investigate and resolveminor issues or bugs or other functional or presentation issues resulting from the developmentprocess and that relate to the Services provided in the Project Scope. A bug is considered anywebsite feature which no longer functions as it did at the point of final acceptance.
• 10.2. This warranty covers fixing minor issues and will not cover any changes, updates orimprovements to the website. Requested changes, updates or improvements may result inadditional project costs as well as in changes to the existing project schedule.
• 10.3. The warranty covers any defect, bugs
• 10.4. This warranty does not cover:
• 10.4.1. Changes made to website via the Business or any other third party
• 10.4.2. Changes made by a developer not associated with the Consultant
• 10.4.3. Issues caused directly by your web hosting provider
• 10.4.4. Issues caused by your Domain Name Administrator
• 10.4.5. Issues caused by transferring your web hosting or email hosting to a new provider
• 10.4.6. Issues caused by your email service or email provider
• 10.4.7. Issues caused by updating your website CMS version
• 10.4.8. Issues caused by changes requested by you after the final acceptance.
• 10.5. The Consultant will ensure that, to the best of their knowledge, the website will be designedand built to be compliant with legal requirements – ie regards cookie use and disclosure,accessibility, COVID compliance notifications, privacy and personal data usage.