Terms & Conditions

For the purposes of these terms and conditions attached to your quotation, “Client” refers to the legal entity to whom the quotation is addressed, and who authorises commencement and acceptance of responsibility for the cost of all works included in the quotation. “Products” refers to any website design and development created on behalf of the Client by Kennedy Kreativ following acceptance of this quotation.

Please read the below terms carefully. By engaging Kennedy Kreativ, you agree to our Terms and Conditions and Terms of Service as outlined below. The Terms of Service herein will be valid and binding as of the date of signing and will continue to be valid and binding until both the Client and Kennedy Kreativ agree in writing, that services of Kennedy Kreativ are no longer required. The below conditions will apply to all individuals, businesses or companies (“Client”) who engages the services of Kennedy Kreativ, its contractors or subcontractors unless otherwise agreed in writing by both parties.

 

Hourly rate: $80 + GST.

 

QUOTATIONS

Quotations are valid for 30 days from the date of issue and any acceptance by the Client after this time can be subject to price review. Revisions and additional work which comprises work requested by the Client above and beyond that which has been specifically agreed upon in writing in this quotation will be subject to an additional hourly rate charge. In its sole discretion, Kennedy Kreativ may agree to issue a fixed price quotation for any additional work requested by the Client.

 

AUTHORITY TO COMMENCE WORK

Work will commence once a formal quotation has been accepted, along with confirmation of receipt by Kennedy Kreativ of the upfront payment of 50% of the total website design quotation amount.

 

TIMEFRAME

All website design and development projects are to be completed within a maximum of 60 days from when the initial deposit is paid. If the client delays the project completion for longer than the allocated 60 days, Kennedy Kreativ reserves the right to on-charge additional work performed after the 60 day period at an additional hourly rate charge for the remaining works on top of the original invoice.

The timeframe for all other projects will be subject to negotiation between the Client and Kennedy Kreativ and will be specified in the quotation. The Client agrees and accepts that while Kennedy Kreativ will make every effort to complete each project within the specified timeframe, circumstances may change, as may the scope of the project, and therefore the specified timeframe shall not be binding. Further details of Kennedy Kreativ’s timeframe expectations are detailed below in the section headed ’Project Delays’.

 

SUPPLY OF MATERIALS

Unless otherwise stated, all quotations assume that the Client shall supply all content, high-quality images and logo files in a suitable electronic format. If the Client fails to supply materials or to do so in a timely manner, and that failure prevents the progress of the work, Kennedy Kreativ has the right to invoice the Client for any part or parts of the work already completed.

 

REVISIONS

The client is to provide feedback in two rounds of revisions, as requested by Kennedy Kreativ at an appropriate time. Any additional revisions will be charged at an hourly rate.

 

WEBSITE MAINTENANCE

Upon handover of the final websites, clients will be offered to opt into a maintenance plan, which includes Uptime Monitoring, Security Monitoring, Website & Database Backups, WordPress Updates, Plugin Updates and Theme Cross Compatibility Checks, Malware Scans and Visual Inspections.

If clients choose not to opt into the maintenance plan, it is their responsibility to fulfil these tasks to maintain and back up their website. Kennedy Kreativ will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

 

HOSTING AND DOMAIN REGISTRATION

Where the Client requires domain registration, hosting, SSL certificate or SEO, Kennedy Kreativ refers its Clients to their preferred website hosting company. Clients who have previously purchased a domain or web hosting are to provide their hosting and domain details to Kennedy Kreativ to complete development. Ongoing registrations of the domain and hosting is the client’s responsibility. If upgrading an existing website, Kennedy Kreativ will build the new website on our development server, keeping the client site active in the interim. Once the website is completed, the website will be migrated to the new server. Unless otherwise stated, the migration will be included in the initial quotation.

Kennedy Kreativ does not offer technical support in relation to website hosting and email accounts and is are not liable for any loss as a result of server-related issues.

 

E-COMMERCE

The Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Kennedy Kreativ, its associates, employees and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the Client’s use of Internet electronic commerce.

 

PROJECT DELAYS

Any time frames or estimates that Kennedy Kreativ gives are reliant upon the Client’s full cooperation. It is required that a single point of contact be appointed by the Client and that the contact be made available by the Client to Kennedy Kreativ on a regular basis. Kennedy Kreativ allows 2-3 working days for Client feedback per stage at the most to ensure the continual flow of the job. Any delays beyond that will incur a time delay on the final project and will be discussed with the client.

 

PAYMENT TERMS

Payment in respect of an invoice is required within 7 days of invoice date. 50% are to be paid upfront before work can begin. The remain 50% are to be paid upon approval of the final website design review.

 

SEARCH ENGINE OPTIMISATION

Kennedy Kreativ does not guarantee any specific position in search engine results as a result of the content provided. Kennedy Kreativ performs basic search engine optimisation according to current best practice. Additional quotes for SEO can be provided upon request.

 

ADDITIONAL WORK – OUT OF SCOPE

Any additional work outside the initial scope of the project agreed with the Client will be charged at an hourly rate, including changes beyond the included two rounds of changes per project.

 

APPROVAL OF WORKS

On completion of the undertaken project, the Client will be notified and have the opportunity to review it. The Client should notify Kennedy Kreativ in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any of the Work which has not been reported in writing as unsatisfactory within the 14-day review period will be deemed approved. Approved work, or deemed approved work, cannot subsequently be rejected, and the contract will be deemed to have been completed and the remaining balancing payment will become due.

 

REFUNDS/DISPUTES

If the Client rejects the Work performed by Kennedy Kreativ within the 14 day review period or will not approve works to remedy the project and Kennedy Kreativ considers that the Client is unreasonable in their repeated rejection of the Work, the contract will be deemed to have expired. Paid deposits are forfeited, and Intellectual Copyright of final files will remain with Kennedy Kreativ as per ‘Copyright Law and Intellectual Property’ terms below.

 

CANCELLATIONS

The Client may terminate the contract at any point but in doing so will forfeit the 50% deposit paid. All uncompleted designs remain the intellectual copyright of Kennedy Kreativ as per the ‘Copyright Law and Intellectual Property’ terms.

In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs. Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.

 

DISPLAYING OUR WORK

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

 

COPYRIGHT LAW & INTELLECTUAL PROPERTY

At any time when the Client supplies content to Kennedy Kreativ for use in the work described in the quotation, the Client warrants that the owners of the content have provided all necessary approvals for use of the content in the work so described. The Client must obtain all necessary permissions and authorities in respect of the use of all content, copy, registered company logos, names and trademarks, photographs, artwork or any other material that the Client supplies to Kennedy Kreativ for inclusion on your website or web applications. You must indemnify us and hold us harmless from any and all claims, legal actions, suits, liabilities, losses, damages, costs and expenses, including any special, indirect, incidental, consequential or punitive damages or losses related to the content of your website, including claims of breach of warranty, product liability claims, or claims that any of the Client’s content infringes the copyright or other intellectual property rights of any third party.

 

LICENSING

The intellectual property rights in respect of all concepts and designs created under this agreement are transferred to the client upon full payment of services provided. If the Client uses any concept, design or product created by Kennedy Kreativ whilst an amount is overdue, Kennedy Kreativ reserves the right to initiate action to stop client use of the product without notice.

Once your final bill is paid, you’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

 

CONSEQUENTIAL LOSS

 

Kennedy Kreativ shall not be liable for any liabilities, losses, damages, costs and expenses, including any special, indirect, incidental, consequential or punitive damages or losses which the Client may suffer which is in any way attributable to any delay in performance or completion of this contract, however that delay arises.

 

PRIVACY

Kennedy Kreativ agrees that it will not at any time disclose any of the Client’s confidential information to any third party.

 

DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services Kennedy Kreativ provides to you are excluded. Without limiting the above, to the extent permitted by law, any liability Kennedy Kreativ under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at Kennedy Kreativ’s option to the replacement, re- repair or re-supply of the services or the payment of the cost of the services that Kennedy Kreativ was contracted to perform. All works undertaken by Kennedy Kreativ comply with Australian consumer law.

 

AUTHORITY TO COMMENCE

By giving the authority to commence and paying the deposit, the client agrees to these Terms and Conditions.