Terms and Conditions
ABN: 65 493 232 035
This agreement is hereby entered into between General Web (hereinafter also referred to as “we”, “us”, “our”) and Yourself (hereinafter referred to as “Client”, “you”, “your”).
All services provided by General Web to the Client are subject to the following terms and conditions.
A 30% deposit of the total fee payable indicated in our estimate is due immediately upon you submitting an order form on our website for website design and development work. We reserve the right not to commence any work until the deposit has been received in full.
The remaining 70% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the ‘Final Variations’ and ‘Approval of Work’ sections set out below. After this final payment, no further fees are payable unless the Client chooses to enter into a new contract with General Web.
Refund / Cancellation Policy
If, after the payment of a deposit and/or any other initial payment made to us, we don’t receive any correspondence whatsoever from the Client for more than one month, we will endeavour to return that payment.
Any request for a refund, or partial refund, must be made in writing to email@example.com. Telephone requests for refunds will not be accepted.
You will be eligible for a complete refund of your 30% deposit, and/or any other initial payment made to us, if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your project, for whatever reason, and request a refund.
Once we have commenced work on your project and you wish to cancel the project through no fault of ours, a partial refund may be available to you. Your refund will be calculated by deducting costs associated with any work undertaken by General Web (charged at our current hourly rate) and/or expenses incurred by us relating to your project up to the date of cancellation.
The 30% deposit, and/or any other initial payment made to us, is fully refundable if we have not fulfilled our obligations to deliver the work required under the agreement through no fault of the Client.
If, during the final review period outlined in the ‘Final Variations’ section below, and before project approval, the Client reasonably deems our work unsatisfactory and both parties are unable to agree on a resolution, then the client is eligible for a refund of 70% of the agreed total project cost.
After project approval as outlined in the ‘Approval of Work’’ section below, no refunds are available to the client.
After we receive the required deposit for new work, the Client will receive a tailor-made Content Creation System within two business days. Except where otherwise agreed, you must supply all materials and information required by us to complete the work as specified, through the use of the Content Creation System.
Such materials and information may include, but are not limited to, written copy, photographs, logos and other printed material. You are expected to complete this content provision task to both parties’ satisfaction within 10 business days of receiving the Content Creation System.
You must obtain all necessary permissions and authorities for the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website.
If we supply and use stock images on your website you do not own these images, ownership is retained by the image rights owner. These images cannot be used for any other purpose and can only be used as they were placed onto your website by us. You cannot copy the images and use them in other promotional materials. If you wish to own these images or use them for another purpose please contact us and we will try to put you in contact with the image rights owner. This does not apply to images that you own.
You must obtain all necessary permissions and authorities for the use of all images you supply to us to include in your website.
Search Engine Optimisation
We perform basic search engine optimisation according to current best practice. We do not guarantee any specific position in search engine results for your website.
Each of our website templates is divided into sections as seen on our Content Creation System. During the time the Client is generating website content on this system, he/she may add or delete sections. However the number of sections that may be added is limited; the overall number of sections on the adjusted template cannot exceed the number of sections on the original template plus five.
We reserve the right to not allow changes to the number of sections after General Web and the Client have agreed the content generation on the Content Creation System has been completed. This agreement is deemed to have occurred when the content has been provided to both parties’ satisfaction as indicated on the Content Creation System.
Completion of Work
From the time the Client has provided their content to both parties’ satisfaction as indicated on the Content Creation System, in most cases we will complete the requested work as specified and deliver it to the Client on a temporary domain within 10 business days, unless otherwise stated.
The Client must recognize that at times there may be unforeseen circumstances that will delay the development process. We will try our best to complete the project in the agreed timeframe.. As long as it is within a reasonable period, the Client agrees not to penalise us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
On completion of work, the Client will be provided with the website or other work on a temporary domain. Minor variations to the specifications outlined in the Content Creation System or elsewhere may be requested by the Client. We have the right to limit the number of such variations to five.
These variations are limited to changes to layout within a page, and to the Client’s chosen template’s design scope.
However any major deviation from the specifications will be charged at our hourly rate. Major deviations include changes to the website that affect the navigation of the site, the design or layout of individual pages, and additional work.
Approval of Work
You must notify us in writing of any variations you wish to be made within 10 business days of receiving the website on its temporary domain. If you do not notify us of any desired variations within this 10 business day review period then our work will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the outstanding balance of the project price will become due.
Domain Name and Hosting
The purchase/renewal of a domain name and website hosting are not included in our quoted or estimated price, unless stated otherwise. It is the responsibility of the Client to obtain their own domain name and website hosting.
Responsibility for any issues arising due to problems with the Client’s domain name and/or hosting lie solely with the Client.
Delivery of Completed Work
After General Web receives any outstanding payment, the Client will be provided with the website product/s. If the product is a complete website this will include:
- URL of website with Client’s domain name and hosting
- username and password to the website’s dashboard
- guide for making simple changes to the website
Any further work required by the Client, and not covered by General Web’s warranty as set out below in the ‘Warranty’ section, will be charged at our usual hourly rate.
If you have not been provided with the completed website product/s within 40 business days of paying your deposit, or we have not received any outstanding and final payment within that period, you will eligible to receive a refund as outlined in the Refund / Cancellation Policy section above. Following the determination of whether a refund is due, and payment of that refund if applicable, your contract with General Web is deemed complete.
All intellectual property rights in any text, software, music, sound, photographs, graphics, video, design or other material which you provide for inclusion on your General Web website shall remain your or the relevant licensor’s property.
You agree that all intellectual property that forms part of the website, our products or any of our services including software, processes, support material and trademarks, together with all intellectual property in any text, software, music, sound, photographs, graphics, video, design or other content which you have not provided (as described in the preceding paragraph) remains the property of General Web or its suppliers and must not be copied or modified. This includes any copies of or improvements, developments, modifications or changes to them, or to any patents, copyrights, trademarks, internet protocol or other electronic addresses, numbers or codes allocated to you. You may not sell, license or provide any of these to anyone else without our written permission.
Except to the extent required to enable you to use the General Web service, or as otherwise agreed in writing by us, General Web does not give you any right or licence to use any intellectual property of General Web or its suppliers. You must not copy, reverse engineer or decompile any of our intellectual property or interfere or tamper with any of our products, websites or systems. You must not cause or permit anything to be done which may interfere with, damage or endanger the systems, websites, trademarks or other intellectual property rights of General Web or its suppliers, or assist or allow others to do so.
General Web retains the right to display graphics and other web design elements as examples of our work in our portfolios and services.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any Client data or Client websites. We will not be responsible for any kind of data loss or issues that may occur on using our products.
By using current versions of well supported content management systems, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Microsoft Edge, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
Our websites will be design optimised for any commonly used screen resolutions of mobile phones, tablets and desktops.
The Client agrees that General Web may place their logo within the Client’s website establishing design and development credit, together with a link to General Web’s website.
The Client agrees to remove any reference to General Web (including the link) should General Web deem the site to no longer be representative of our design style and quality.
Third Party Software
General Web takes no responsibility for any open source products such as WordPress, Elementor, etc. It is the Client’s responsibility to update all components and third party software. We suggest you take regular back-ups to avoid any disruptions.
General Web offer packages in coordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
Limitation of Liability
The entire liability of General Web to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen.
In no event shall General Web be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or General Web had been made aware of the possibility of the Client incurring such a loss.
We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. We will not be liable for loss of sales, leads or reputation from using our service.
Website plugins purchased pre or post sale are installed on your website on a basic level i.e. General Web provide a basic set-up of information sufficient for the plugin to function on the website. Beyond this basic level of set-up, additional fees apply for customisation of that same plugin.
General Web will always endeavour to use plugins on our websites that are either free, or purchased outright. Sometimes it may be necessary to use a plugin that has an annual renewal. This must be paid by the Client for the plugin to remain 100% functional on the website.
Free WordPress plugins are sometimes abandoned by their developers. This would leave any website that uses such a plugin insecure, vulnerable and performing poorly if at all. Although General Web always endeavours to use only plugins provided by reputable and established developers, we will not be responsible for any problems with plugins outside our warranty period.
Any plugin support a Client needs will be through direct contact with the plugin developer and or their support team. Developers of free plugins are not required to provide support. Developers of plugins that are purchased outright do provide support but for a limited period, usually 6 months from the date of purchase.
General Web builds all sites with the latest version of plugins. Updating versions of any plugin is the Client’s responsibility.
Requests for additional plugins must be researched by the Client to ensure the functionality is what they are after.
If a Client would like General Web to install a plugin, the Client must purchase it from the plugin website (unless it is free), and send the plugin file to us. General Web will charge its usual hourly rate to install, activate and test the plugin.
General Web will provide a written guide to assist in the Client managing their own website. Further training requirements will be charged on an hourly basis.
Upon website / website product handover, your website / website product software will be covered under the 90 days software warranty. The warranty provides assurance that the website will meet its functionality specifications as outlined on our website and your chosen template. This warranty covers any bugs (programming errors) reported to us within 90 days of deployment. Any bugs reported within this time period will be fixed at no additional charge to the Client.
The right to warranty is forfeited if the site or the coding are accessed by any third party for whatever reasons, and we deem that such access created the bug. Warranty is forfeited if the coding is accessed by anyone other than us. Warranty will not be honoured if any of the payments are overdue.