JB Web Design Terms of Service

Preamble

The following Terms of Service have been developed to ensure professional standards and the greatest possible understanding of expectations between JB Web Design and its clients.

1. This Document

   1. Engaging the services of JB Web Design constitutes acceptance of the JB Web Design Terms of Service, which incorporates the JB Web Design Privacy Policy and JB Web Design Subcontractor Standards.

   2. If any conflict exists between information in the JB Web Design Terms of Service and other parts of the JB Web Design website or information elsewhere, the JB Web Design Terms of Service prevail, unless the conflict is with the JB Web Design Privacy Policy, in which case the JB Web Design Privacy Policy prevails.

   3. If you require clarification of this document, please contact JB Web Design.

2. Price Estimates

   1. A Price Estimate involves a cost estimated without thorough assessment of work requirements. Proceeding with work at JB Web Design's Hourly Rate may result in a different final price. Fixed prices apply only to Quotation-Based Contracts, where available, and products and services with fixed prices listed on JB Web Design's Rates page.

3. Price Bases

   1. The client may usually choose from two cost bases for products and services that do not have listed or otherwise fixed prices: the Hourly Rate or a Quotation. However, JB Web Design may require a particular basis depending on the nature of the work.

4. Hourly Rate

   1. JB Web Design's Hourly Rate is $66 an hour.

5. Quotation-Based Contracts

   1. A Quotation involves a cost based on thorough assessment of requirements. The price will remain fixed for invoicing unless the contract is renegotiated. Alternatively additional work can be done based on an additional Quotation or at an Hourly Rate.

   2. A client's written agreement to a quotation, by email or otherwise, forms a contract.

   3. A client wishing to renegotiate a contract may be required, before proceeding, to pay the cost of work done to that point. JB Web Design may choose whether the amount required is based on components of quoted work or on JB Web Design's Hourly Rate.

   4. The price in a Quotation relates only to products and services detailed in the quotation at the time it is prepared. Any applicable price for other products and services is additional.

6. Design Concepts

   1. A client may engage JB Web Design to work at its Hourly Rate to prepare one or more Design Concepts separate from quoted work, before or after a Quotation is drawn up. Two hours per design concept is recommended.

   2. After a Design Concept is drawn up, the client may decide to extend concept drafting or decide whether or not to have a Quotation drawn up or to proceed with an already quoted project.

7. Work Timeframes and Deadlines

   1. Firm deadlines for work may be set only if included in a Quotation and on condition that the client provides required information and materials in an agreed timeframe or, where not discussed beforehand, in a timely manner.

8. Payment and Payment Stages

   1. JB Web Design invoices are due on issue.

   2. Payment may be made by direct debit or securely over the internet by credit card via PayPal without the need for a Paypal account, or by using a PayPal balance.

   3. A portion of a quoted amount may be required before work starts, or before any part of the work starts, at JB Web Design's discretion. Clients may request that any such requirement be stated in the quotation or contract. Clients will receive an invoice to confirm the amount if applicable.

   4. Costs incurred at an Hourly Rate may be invoiced as early as the same day the work is done.

   5. Final payment must be made on issue of a final invoice, which may be issued upon project completion and before project delivery, at JB Web Design's discretion.

   6. Prices include GST.

   7. If the client does not pay an invoice when it is due:
      
      - JB Web Design may withhold delivery of completed work, discontinue further work, cancel ongoing services (including third-party services managed for the client by JB Web Design) and remove uploaded web pages of the client;
      - JB Web Design is absolved of responsibility to meet agreed deadlines, even if the invoice is paid later;
      - The client remains liable for all expenses incurred to that point.

9. Early Termination of a Project

   1. If a client chooses to terminate a project early:
      
      - Costs already invoiced but not paid must be paid;
      - Costs already paid are non-refundable;
      - Further charges are incurred for other work already done, and JB Web Design may choose whether the amount required is based on components of quoted work or on JB Web Design's Hourly Rate.

10. Third-Party Products and Services

    1. Third-party software and other products and services, including web-based services, that may be used for the client's benefit include but are not limited to those relating to domain name registration, domain name registration privacy, web hosting, online content management, pay-per-click and other online marketing, search engine optimisation, design and programming, email and email marketing, fonts, online file backup, website evaluation, outsourcing, social networking, online shopping and payment, stock media, usability testing, web statistics and online video.

    2. Some third-party products or services may involve the client buying directly from the supplier independently or on advice from JB Web Design, or may be purchased by JB Web Design and on-sold to the client, usually at cost price plus a labour cost at JB Web Design's Hourly Rate.

    3. JB Web Design is not a domain name registrar or web hosting business and does not provide domain name registration or web hosting directly or on servers of its own but uses one or more third-party services.

    4. JB Web Design makes a concerted effort to recommend value-for-money third-party products and services where applicable but is not responsible to the client for their quality, suitability or terms of use, nor any risk associated with using them.

11. Subcontracting

    1. JB Web Design may use subcontractors to obtain expertise or achieve cost or time savings.

    2. Subcontractors are required to observe the JB Web Design Privacy Policy and JB Web Design Subcontractor Standards.

    3. Project management and quality control are not outsourced, but performed in-house at JB Web Design.

    4. A client may elect, prior to forming a contract, whether or not to allow any of the work to be outsourced to subcontractors, which may affect price and/or the availability of some products, services or website features.

12. Quality Standards

    1. Completing a quality website project on time and on budget with attention to detail requires certain work standards as well as prompt and regular communication between JB Web Design and the client.

    2. JB Web Design's Quality Standards require that the client:

       1. Prior to engaging paid services:
          
          - Reads, understands and agrees to these JB Web Design Terms of Service and the JB Web Design Privacy Policy.
          - Reads, understands and agrees to JB Web Design's use of the JB Web Design Subcontractor Standards.
          - Warrants the he/she meets the legal requirements to make the claims and run any business or other operation featured in the website, including by holding any required qualifications, licences and registrations, such as business name registration where applicable.
          

       2. During the project, during the execution of any contract with JB Web Design and throughout the website's use:
          
          - Provides JB Web Design with full, accurate and perpetually up-to-date details of the client's name, telephone number/s, email address, postal address and street address;
          - Accepts communications that the JB Web Design Terms of Service, related documents or the law require of JB Web Design;
          - Replies within 24 hours to all JB Web Design communications that require a response in order for agreed work to continue, unless a period of unavailability is pre-arranged;
          - Does not unduly delay in providing information and/or materials necessary for completion of a project within an agreed timeframe;
          - Does not communicate with subcontractors or accept communication from subcontractors unless expressly authorised by JB Web Design;
          - Understands that changes to agreed work requirements or the failure of a client to meet an agreed deadline (or to provide information or materials in a timely manner) absolve JB Web Design from responsibility to meet an agreed deadline or to finish the project in a similar timeframe after the delay;
          - Excludes website content that invades privacy, violates copyrights or confidentiality, breaks any applicable law, defames, threatens or harasses, communicates hatred or features swearing, obscenity, nudity or false or misleading claims;
          - Understands and complies with all requirements detailed below in the section, "Copyrights, Intellectual Property and Licensing";
          - Retains secure records of all relevant client login and registration details relating to accounts for domain name registration, domain name registration privacy, FTP (or other relevant transfer protocols), email, web hosting, content management systems and all other relevant third-party software and online services;
          - Advises JB Web Design whenever the client's website is updated by anyone other than JB Web Design if the client wants to engage the further services of JB Web Design to keep the offline copy up to date.

    3. JB Web Design's Quality Standards require that JB Web Design:

       1. Prior to undertaking paid work or forming a contract with the client:
          
          - Provides the client with adequate opportunity to understand the JB Web Design Terms of Service (this document), the JB Web Design Privacy Policy and JB Web Design Subcontractor Standards;
          - Provides details of agreed work to the client for confirmation, including any deadline requirements, and does so in a Quotation if the client elects to use one;

       2. Prior to project delivery:
          
          - Performs basic proofreading and corrections of the text involved in the website project;
          - Consults with the website owner about any required copyright notices;
          - Makes minor edits to the text to help ensure at least basic search engine optimisation;
          - Creates landing pages for web forms;
          - Tests the website project pages for World Wide Web Consortium HTML and CSS compliance where applicable and makes the code compliant where cost-effective;
          - Tests the website project pages for consistency in major browsers and corrects any significant discrepancies where possible;
          - Identifies JB Web Design's role in the project using a small statement at the foot of pages of the relevant website, such as "Website design by JB Web Design", with a link to the JB Web Design website or another similar business website owned by the same owner.

       3. Upon project delivery:
          
          - Provides instructions for any applicable client-controlled web content management.
          - Ensures to the best of its knowledge that Copyright requirements are met;
          - Uploads the website project pages to the relevant web server;
          - Ensures web forms are working;
          - Submits the website to key search engines in the case of a full website project;
          - Retains an offline copy of client files for the project;
          - Retains secure records of all relevant client login and registration details relating to accounts for domain name registration, domain name registration privacy, FTP (or other relevant transfer protocols), email, web hosting, content management systems and all other relevant third-party software and online services, unless the client requests that such records are not kept;
          - Meets any agreed deadline unless delays by the client or other unmet deadline-related conditions mentioned in various clauses of the JB Web Design Terms of Service absolve JB Web Design of responsibility to do so, or unless circumstances that are outside JB Web Design's control or otherwise unexpected prevent it;
          - When JB Web Design is at fault for failing to meet deadline, finishes the project as close as possible to deadline;
          - Backs up all client data, including any relevant offline copy of the client's website;
          - Advises the website owner of any copyright-related entitlements and restrictions concerning the usage of project elements;

       4. At all times:
          
          - Allows the client or any other person to unsubscribe from any JB Web Design email subscription on the condition that any JB Web Design responsibility under these Terms of Service or related documents to keep the client informed is waived, except for communications with the client required by law.

13. Copyrights, Intellectual Property and Licensing

    1. The following copyright rules exist to ensure legal obligations are met and JB Web Design's quality standards are maintained.

    2. JB Web Design owns all copyrights and reserves all rights to its work and intellectual property except for rights expressly granted to the client.

    3. JB Web Design's copyrights do not include rights already owned by third parties such as software companies, stock image suppliers, contractors or authors whose materials or work are used in JB Web Design projects or reproduced in a website by permission.

    4. Details of specific rights may appear in the code of text-based files such as those in HTML, CSS, JavaScript, XML and PHP, or in the file information fields of JPEG images.

    5. The client may not reproduce project elements to which JB Web Design or a third party own copyrights, except as licensed or otherwise entitled within the relevant project that JB Web Design delivers, or as otherwise stated in writing.

    6. JB Web Design grants the client full copyrights to the text of the website, provided those rights are JB Web Design's to give. The client retains copyrights to text he or she supplies to JB Web Design, provided the client has such rights in the first place. The client also receives copyrights to the published version of the website's text, provided JB Web Design has such rights to give, even if this involves editing or original work by JB Web Design, and the client may edit or add to that text and may use it, whether edited or not, in other publications on the web or elsewhere.

    7. The client also retains copyrights to non-text elements the client supplies to JB Web Design, such as logos, photographs and other images, provided the client has such rights in the first place.

    8. The client may edit text through a content management system (CMS) or may edit the HTML to the extent required to update content for use in existing or additional pages of the same website without changing the website's design, but may not use any of the elements (other than the text readable on the website itself), whether edited or not, in another website or any other media such as print, except for use involving material for which the client owned rights prior to their use in a JB Web Design project, or as expressly granted.

    9. No other editing may be done without written permission from JB Web Design. Any client who can demonstrate the necessary knowledge of the relevant code languages is likely to have permission granted to edit CSS, JavaScript, XML or PHP, or to more fully edit the HTML, except where licensing prohibits it.

    10. The client must not supply copyrighted material for use in websites without permission for such use. If copyrights to supplied elements are owned by another party, the client must provide evidence of permission for use.

    11. The client must not remove or edit notices relating to copyright, intellectual property or licensing from any of the website or other project files, nor pass work by another person off as his or her own.

    12. The client should contact JB Web Design about any desired permission to copy, store, modify or reproduce material for which any such actions are prohibited by default above. Certain broader copyrights may or may not be available for purchase through JB Web Design or third-party licensing agencies.

    13. The client should contact JB Web Design for copyright, intellectual property and licensing advice and clearance prior to transferring management or redevelopment of the website to a webmaster or designer other than JB Web Design or the client.

14. Liability

    1. JB Web Design shall not be held liable for:
       
       - Loss or damage of any kind, financial or otherwise, that results from the use of or inability to use the data or information contained in any product or service it has created or designed, or purchased or recommended for the client;
       - Loss of or damage to data, computer hardware, software or any other property due to visiting or accessing data from, or using hyperlinks to or from, a website or related web hosting account for which JB Web Design has done any work or provided any material;
       - Risk or harm arising from using or accessing any third-party products or services;
       - Loss of records of client login and registration details relating to accounts for domain name registration, web hosting, FTP (or other relevant transfer protocols), content management systems or any other software or online services for the client's use.
       - Loss or damage of any kind, financial or otherwise, that results from delays, non-delivery, incorrect delivery, failure or degradation of, or interruption to, third-party products or services;
       - Loss or damage of any kind, financial or otherwise, for delays in delivery of JB Web Design products or services;
       - Any damages arising either out of this agreement or out of any goods or services provided.

    2. Whether due to claims that JB Web Design has failed to meet its contractual obligations or any other cause, JB Web Design's liability will not exceed the total cost the client has paid except as required by any applicable law that precludes such limitation.

    3. Nothing in these Terms is to be read as diminishing the client's entitlements under the law. However, as far as the law permits, JB Web Design excludes all warranties, rights and remedies the client would otherwise be entitled to at law.

    4. The JB Web Design Terms of Service are governed by federal and state laws applicable in Queensland, Australia.

15. Revision of JB Web Design Terms of Service

    1. JB Web Design reserves the right to revise the JB Web Design Terms of Service, including any pricing details stated, at any time and without prior notice.

    2. This document was last revised on 20 July 2010.