Website Terms.

Preamble:

This document highlights the website design terms and conditions that apply to websites developed by Brainier Brand Pty Ltd for their clients.

Definitions:

Company refers to Brainier Brands Pty Ltd.

Client refers to the individual or business that have requested a website be developed for them.

Website Compatibility

Where the Company is developing a new website, the website will be developed and optimised for the most current browsers. Full care is taken to test the function and style of the website in older browser versions, yet we cannot guarantee full 100% compatibility for all browsers. The latest browsers include Edge, Google Chrome, Firefox and Safari for MAC.

Not all visual elements can be reproduced the same across each browser as some browsers do not support the latest CSS3 / HTML5 elements.

Some functionality may not work as expected on older browsers, including some mobile phones, tablets and personal computers.

Access

The Client will be granted access to the Content Management System (“CMS”) for the purposes of uploading content and maintaining the site upon receipt of full payment.

Intellectual Property Rights

The Client will inherit full rights and ownership of the website and its design. Until such time the website will be password protected and the site may not be copied or replicated and no FTP access will be granted.

The Company retains the right to make portfolio use of the website or parts thereof after the website has been transferred to client ownership.

The title of all goods produced as a result of this project does not pass to the Client (or its separate Clients) until all money owed to the Company by the Client has been paid. The website will be password protected until full payment is received.

The Company reserves the right to restrict or remove Client access and potentially delete all files related to the website from the Company’s server should full payment be overdue by more than 28 days.

Approvals

The Client must designate a single authority for all project approval of designs, content and development as required to complete the project detailed.

Timing

The Client agrees to the nominal time frames confirmed in the design and development process. The time frames are offered as a nominal expectation for each function under normal circumstances. The Company will use best endeavours to complete the work within the given project time frames, however fluctuating workloads, available resources and client availability may change these parameters and the client will be notified accordingly. Other factors, such as the amount of content the Company is responsible for uploading and the degree of customization required to facilitate interactive features or e-commerce solutions will vary the timing.

Rectification

Where the Client has implemented any changes to the website including but not limited to, editing functional code, deletion of files, installing third-party components or changing file permissions, the Company will charge the client at a rate of $120 per hour (+ GST) to rectify and/or recover the website.

Indemnification

The Client indemnifies the Company and its subcontractors against any and all claims, lawsuits, costs and expenses, including reasonable legal costs, arising in connection with the website. This indemnification includes but is not limited to content obtained by the Company on behalf of the Client.

The Client indemnify, and agree to keep the Company, its directors, officers and employees indemnified, against all loss arising out of the breach of any rights (including IPR and moral rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.

The Client agrees that should the Company undertake the Web Design Services dependent on third-party services, including but not limited to 3rd party APIs, website services, plugins and libraries (e.g. Twitter API, Google Maps API, Facebook API), the Company cannot be held responsible for changes made to the third party service in question. This includes, but is not limited to, removal of support services, or changes the way in which a service is implemented. Should any further work be required as a result of such a change, the Company will be required to quote and charge for the additional work on a case by case basis. There are no refunds available on Web Design Services provided by the Company.

Company Content Requests

The client is expected to respond to all requests and queries made by the Company. The Company will provide deadlines for the expected response if it is required in less than five business days. If no deadline is provided, then the default of five business days is applied.

If no response is provided within this timeline, it will be assumed that the client accepts the Company’s recommendation/position on the matter, work will continue and the client will be billed accordingly.

No response from the client after a period of 14 business days from the initial query may result in project cancellation, with the client being charged for all work done to date.

Project Schedule

If we consider it to be necessary, we will develop a production schedule for the project in consultation with you. We will use reasonable commercial endeavours to carry out the project in accordance with that timetable.

Warranty

The Fees for website development include the provision of a limited warranty for a period of 28 days following website launch.

The warranty covers a 28-day period and commences from the date of the client approves and launches the website. The warranty includes any issues raised within this time that were part of the original development and scope. It does not include any bugs caused by a new version of the website’s hosting environment, client’s browser updates or update to a third party Plugins or API.

Bugs and Corrections

It is the responsibility of the client to collate a list of bugs and corrections as above and provide them to the Company before the end of the Warranty Period. The project manager will schedule a date for when the bugs will be addressed. The client will be provided with a release candidate build to verify that the bugs have been rectified, after which the website will be published to the live environment.

Applicable law

This agreement shall be governed and construed in accordance with the laws of the state of South Australia and the parties hereby irrevocably submit to the jurisdiction of the courts of that state.