The following the terms and conditions set out below form part of the contract between Redback Solutions and the client. They are governed by the laws of New South Wales, Australia.
Validity of Proposal
All proposals are valid for a period of 30 days.
Commencement of Work
Work will only commence on project following receipt of a signed Acceptance of Proposal, or purchase order from the client. In accepting our proposal the client agrees to the 7 days terms.
Unless otherwise stated in the proposal, The client will be invoiced with an upfront payment and the balance on being provided with the prototype. The client agrees to pay the invoiced amount within 7 days of the date of invoice. Should a client's account become outstanding for any service invoiced, Redback Solutions have the authority to suspend all or any services as provided by Redback Solutions until the account is brought up to date.
Fees for Service
It is agreed that the fee for service shall be the base price and/or any additional options that have been accepted, which is provided in the attached proposal. If work undertaken exceeds the items specified in this proposal, the client agrees to pay appropriate fees for the excess work.
Redback provides a 3 month warranty period from the launch date for any coding issues. This is defined as issues only relating to the intended and agreed funtionality as per the proposal document. This warranty period takes effect once the client has provided written signoff to launch the site.
This does not include any changes or updates to the design or functionality.
From time to time Redback Solutions will provide details for any necessary rectification or upgrades required for either Visionscape or any other CMS.
Should the required maintenance or upgrade be critical for your website to remain secure and guarantee the integrity of the host server a quotation will be provided for approval. If the client does not agree to the required work Redback has the authority to cancel the clients website hosting at their discretion.
All changes or updates to the site, as requested by the client, will require written acceptance to a supplied proposal that will outline the agreed work. Client changes made in addition to the agreed proposal terms permitted at concept and construction review stage will be charged at standard hourly rates.
This is defined as any work involving additions to the list of items as specified in the scope of work to be undertaken, or changes to pieces of finished artwork following sign off by an authorised representative of the client. This excess work also includes bug or coding fixes post the 3 month warranty period.
Client changes made in addition to the agreed proposal terms permitted at concept and construction review stage will be charged at standard hourly rates.
Redback Solutions will make every effort to ensure your website will be compatible with all modern and industry supported browsers. We cannot guarantee that your website will always function for future browser version releases as technology changes. At the date of your websites launch it will be confirmed as to the browser checks at this time. Should Redback Solutions need to make updates to your website based on new browser technology; these changes will be charged at our hourly rate.
Note: Microsoft no longer supports Internet Explorer 7, 8, 9 & 10 as of January 2016.
(For more information see https://www.microsoft.com/en-us/WindowsForBusiness/End-of-IE-support).
Third Party Integration
Integration with third party software can only be implemented with the current version of the software or API available at the time of development. Redback Solutions cannot guarantee that further updates of third party software will remain compatible. For example should third party organizations make changes to banking software Redback Solutions will provide an hourly rate for updates if required.
Email Registration & Setup
Redback Solutions may have included the registration of your email addresses in conjunction with the management of your domain name. Redback Solutions will provide a link to the email hosting providers’ tutorials with instructions on how to setup your email on the supported platforms. Please also see the relevant terms and conditions as noted by our supplier http://www.netregistry.com.au/legals.
Should you require further support in the setup and or trouble shooting of your email arrangement you will be required to contact a third party IT provider.
Goods & Services Tax
Unless otherwise specified, any fees, rates or prices quoted in this document do not include GST. A GST of 10% will be added. Redback Solutions’ invoices comply with the requirements for a ‘Tax Invoice’.
Title in all Intellectual Property generated during the undertaking of the work, including but not limited to copyright and designs of artwork, manuals, information, material reports, logos, layouts, printing, sound recordings, computer images and other output, does not pass to the client until payment is received in full.
Once full payment is received, it is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports, logos, layouts, printing, sound recordings, computer images and other output, which is produced from the performance of the work outlined in this proposal. It is agreed that Redback Solutions hereby assign to the client, upon written acceptance of this proposal, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined. This granting of copyright does not extend to the use of design proposals submitted, but not approved by the client, for the work outlined in this proposal. All rights pass to the client following full payment of all outstanding invoices.
The material contained in this letter/document and any correspondence is client confidential and must not be made available to any other person or organisation without written approval from Redback Solutions.
It is agreed that the employees of Redback Solutions shall not at any time, either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.
Limitation of Liability
Redback Solutions Pty Ltd will not be liable for any damages suffered by the client from any cause whatsoever and will not be responsible for any consequential damage suffered by the client or by any other party.
The client remains responsible for the content of the website and/or any other promotional material.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined must be provided in writing by the client and signed by an authorised representative of Redback Solutions prior to commencement of work outlined in this submission.