Please note the following terms and conditions are current as of 01/01/2019. All prices include GST. Our pricing and offerings are reviewed annually each year and any changes in prices and offerings take effect from the following month. All clients are required to read our terms in full and agree before commencing any work.

Website Design & Development Terms & Conditions

 Project Scope

Tarkine Creative provides this quotation based upon our best understanding of the website scope and requirements gleaned during the course of our conversations and meetings to date. If there are any inaccuracies, please notify Tarkine Creative so that we can make the necessary adjustments. Once this quotation is approved, if there are any changes or alterations beyond the scope as outlined in this proposal, additional costs may be incurred.

Project Timings

This quotation is valid for 60 days and is based on the proposed project commencing within 60 days of this agreement being signed. Tarkine Creative reserve the right to re-quote if the project is yet to commence within 60 days of this agreement being signed. Tarkine Creative will work to the proposed timings outlined in this proposal. However if the project becomes dormant or is delayed beyond Tarkine Creative’s control (such as supplying of content, providing feedback etc) the proposed timings will be adjusted accordingly and Tarkine Creative reserve the right to re-quote the project in needed.

Website Process

Tarkine Creative will complete the project adhering to the website process outlined in this proposal. If there are any changes to this process beyond our control (such as additional rounds of revisions or additional meetings) additional costs may be incurred.

Gmail Account sign-up

As part of the website development process, Tarkine Creative will open a Gmail account on behalf of the client’s business. Tarkine Creative do this for all clients whether or not they already have a Gmail account. The reason Tarkine Creative set up this account is for the ease of access from both parties.

The Gmail account created on the clients behalf allows Tarkine Creative to use various Google services which help to make the client website more user-friendly and search-friendly. These platforms can include:

1) Google Recaptcha – to reduce spam sent through website forms

2) Google Analytics – to keep track of daily visitors to the website

3) Google Tag Manager – to easily connect the clients website to other Google services

4) Google Search Console – to submit the website to Google

These four Google services are set up after Tarkine Creative opens the Gmail account. Later on, Tarkine Creative can set up other Google services as needed such as Google My Business or YouTube if we are doing any videos for the client. If you require any assistance with setting up other Google Services such as Google My Business or YouTube Accounts, please speak to Tarkine Creative and we can provide you with an additional quotation & advice.

Tarkine Creative will also add your regular email address as the recovery email for this new Gmail account. As a result, anytime Tarkine Creative will log into this Gmail account or any of these other Google services, an automated security message is sent to the client. Whenever this happens, the client can choose to forward that email to Tarkine Creative and they will confirm if they were working on anything related to the clients Google services. Tarkine Creative neither own, nor control Google or G-mail. Tarkine Creative is not responsible for any disruption, loss of data, business or inconvenience caused by Google or G-mail.

Website Design & Development

Tarkine Creative is responsible for the design and development of the website defined by the scope outlined in this quotation. Unless specifically outlined in this proposal, Tarkine Creative do not produce wireframes or visual mockups as part of our standard website process. If the client requests Tarkine Creative to produce wireframes or visual mockups, additional costs may be incurred. The website will be designed and developed on a live staging website environment and will be presented to the client via a secure website link for review, feedback and/or approval.

Website Intellectual Property

Upon receipt of final payment, the website’s structure, design and content (images and text) is owned by and is the intellectual property of the client. Any royalty free images purchased during the project may be used by the client, but the intellectual property of these remain with the photographer and image library from where it was purchased.

Website Content

Tarkine Creative requires final client-approved website content prior to commencing the website design & development. Website content includes such things as logos (branding), website copy (text), images (photos), videos and any SEO meta data. Unless specifically stated in the website quotation, Tarkine Creative websites do not include any copywriting, SEO Research & Optimisation or Video production. If you require any assistance with any of the above items please speak to Tarkine Creative so that we can provide you with an additional quotation & advice.

Website Content Copyright

When providing website content (such as photos, videos or music) clients are required to ensure they have the appropriate copyright approval for the use of the material. Tarkine Creative suggest to always purchase royalty free media to ensure you are rightfully licensed to use it on your website to avoid any legal ramifications.

Website Content Definitions

1. Tarkine Creative defines (1) website page as being a website page containing up to a maximum of 500 words and 5 images.
2. Tarkine Creative defines (1) blog/projects page as being a website page feeding in blogs articles/projects. Tarkine Creative is responsible for the blog/project page template design and population of 1 or more standard blog articles/projects only if specifically included as an additional service in the website quotation.
3. Tarkine Creative defines (1) gallery page as being a page displaying images in a thumbnail or slide gallery containing 5-15 images.

If any website page content or characteristics exceeds these definitions, Tarkine Creative reserves the right to provide an additional quotation & advice.

Website Revisions

Upon presentation of the development website, the client agrees to adhere to the rounds of revisions outlined in this proposal as part of the Summary of Services.

Supplying of Website Copy

When supplying final client-approved website copy, please ensure each individual website page is clearly separated in either a separate word document page or file. No handwritten or scanned copies that require Tarkine Creative to re-type the copy will be accepted. If you require any assistance with copywriting please speak to Tarkine Creative and we can provide you with an additional quotation & advice. Supplying of incorrect or non-final copy that requires additional changes made to the website may result in additional costs.

Supplying of Branding

Please provide Tarkine Creative with final client-approved branding along with final colours, fonts and any other visual references that will aid in the website design process. Accepted formats are AI, EPS and PDF. Supplying of incorrect or non-final files that require additional changes made to the website may result in additional costs.

Supplying of Images/Photography

When supplying images/photography please be sure to provide high resolution images in JPEG, TIFF or PSD format. When purchasing stock images/photography please purchase and download the highest resolution available. If you require any assistance acquiring stock images, please speak to Tarkine Creative and we can provide you with an additional quotation & advice.

Supplying of Videos

Tarkine Creative require videos to be filmed and uploaded in high resolution (HD) to a video content library of choice such as Youtube or Vimeo. Please provide Tarkine Creative with your 1) login credentials and 2) video URL’s to allow us to embed videos so they can be be displayed inside the website. Tarkine Creative do not host any videos on our website servers. If you require any assistance with videography please speak to Tarkine Creative and we can provide you with an additional quotation & advice.

Browser Testing

Tarkine Creative optimises every website for optimal user experience appropriate to the capabilities of browsers or devices. Since all browsers and devices have different capabilities, performance and screen sizes, this may mean the website will appear slightly different due to the capabilities of each browser or device. Tarkine Creative test websites in current versions of the major desktop browsers including those made by Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We do not test non-current, out of date or abandoned website browsers (Internet Explorer). If required, please speak to Tarkine Creative and we can provide you with an additional quotation & advice.

Mobile Devices

Tarkine Creative test websites on popular small-screen devices such as Google Chrome, Android and Safari. We do not test on Blackberry, Opera Mobile, or other mobile browsers.

Damage or Loss

Tarkine Creative is not liable for any damage or loss caused to a website once it has been handed over to the client. We encourage our clients to be careful when editing / deleting pages or content as information can be easily lost. Tarkine Creative is also not liable for any content that is on your website.

WordPress

Every Tarkine Creative website is built on WordPress, an open source CMS (Content Management System) platform that is an excellent solution for our clients’ needs. Tarkine Creative implements a variety of plugins provided by WordPress developers to extend and improve the websites functionality. As part of Tarkine Creative website hosting, support & maintenance plans, we are able to provide many of the plugins free of charge, however if there is any additional functionality required, many plugins can attract additional setup costs and annual licences. Tarkine Creative does not own, nor control WordPress and is not responsible for any disruption, loss of data, limitations or inconvenience.

Woocommerce

Every Tarkine Creative Ecommerce website is built using the Woocommerce plugin which out of the box is a flexible and powerful Ecommerce solution. Tarkine Creative implements a variety of extensions provided by licensed Woocommerce developers such as YITH themes to extend it’s functionality. As part of our Ecommerce website hosting, support & maintenance we are able to provide many of the extensions free of charge, however depending on the functionality, many extensions will attract additional setup costs and annual licences. Tarkine Creative does not own, nor control Woocommerce and is not responsible for any disruption, loss of data, limitations or inconvenience.

Brainstorm Force & ASTRA Theme

Almost every Tarkine Creative website is built with the ASTRA theme framework by Brainstorm Force. We have found the Brainstorm Force theme to be an industry leader in terms of flexibility and security and Brainstorm Force to be a highly quality, progressive and responsive theme company. Tarkine Creative neither own, nor control Brainstorm Force. Tarkine Creative is not responsible for any disruption, loss of data or inconvenience caused by Brainstorm Force or other theme providers.

Campaign Monitor & MailChimp

Tarkine Creative utilise the services of both Campaign Monitor & MailChimp to assist its clients with Emarketing when requested. We have found both Campaign Monitor & MailChimp to be leading Emarketing solutions depending on individual business requirements. Tarkine Creative neither own, nor control Campaign Monitor or MailChimp. Tarkine Creative is not responsible for any disruption, loss of data or inconvenience caused by Campaign Monitor or MailChimp.

3rd Party Platforms/Plugins

Tarkine Creative use 3rd party platforms/plugins to extend the functionality of websites (such as PayPal, Woocommerce, Gravity Forms, Facebook). Tarkine Creative neither own, nor control any 3rd party platforms/plugins and are not responsible for any disruption, loss of data or inconvenience caused.

Custom Development

If projects require custom functionality beyond the scope and capabilities of any available WordPress plugins or extensions, Tarkine Creative will provide an additional quotation for custom development work. Tarkine Creative guarantees this work upon launch, however cannot guarantee or be held responsible if any custom development work requires additional future work to resolve errors or issues as a result of Browser, WordPress, Theme & Plugin updates. In these cases, Tarkine Creative reserve the right to provide an additional quotation and is not responsible for any disruption, loss of data or inconvenience caused.

Website Development Payment Terms

Initial 50% Website Payment

Upon approval of quotation, Tarkine Creative will provide an initial 50% invoice to activate the project. Once payment is received the project is activated and a website planning meeting is organised either by phone or in person.

Final Website Payment

Once a website is approved for launch, Tarkine Creative will issue the final invoice which is due for payment prior to the website going live. The invoice will comprise the remaining 50% plus additional work completed as a result of alterations to the original scope. In cases where there is a client-side delay in the project, this final invoice will also be issued 60 days after the initial invoice and is due 60 days after initial 50% invoice or whichever comes first.

Website Project Alterations

In some instances, clients opt for additional website alterations during the course of the planning, design & development of their website (such as additional pages or additional functionality etc). This is totally fine as Tarkine Creative understand the fluidity of projects where there are many stakeholders involved. Whenever this occurs, Tarkine Creative will always notify clients about the impact of any extra costs for full transparency. Upon website approval, Tarkine Creative will invoice the client for any additional alterations agreed to during the website project.

Cancellation

In the case of unforeseen client cancellation; 1) Tarkine Creative will provide a refund less an administration fee of 10% if cancelled within 30 days of payment & prior to a website planning meeting. OR 2) No refund will be provided if the cancellation occurs after the website planning meeting.

Tarkine Creative Logo / Text Link

Tarkine Creative websites proudly feature a small text link at the bottom of the footer. This is our way of showing the world how proud we are to have built the website.

Website Hosting, Support & Maintenance Terms & Conditions

Tarkine Creative provide website hosting, support & maintenance on a month to month basis for our clients with no locked in fixed term agreements. We highly recommend this service.

This service Includes:

• Website Hosting
• Phone & Email Website Support
• Software Updates (WordPress/Theme/Plugins)
• Premium Theme/Plugin Licences
• Nightly Website Backups
• SSL Certificate (Licence Free)
• Security & Uptime Monitoring
• Firewall

Website Hosting, Support & Maintenance Exclusions

• Setting up email on mobile, laptop or PC devices
• Technical support for Phones, Computers, IT and Internet help
• Performing work or support of 3rd Party Platforms/Plugins such as PayPal, Facebook or Mailchimp etc
• Absorbing the cost for renewal of new/current domain names
• SSL Certificates Required for Ecommerce
• Unlimited bug fixes

Intellectual Property

Each website’s theme and premium plugin licences are owned by Tarkine Creative and are not intellectual property of the client nor transferable. Clients can always purchase their own licences if they choose to, and will be required to do so if they request to release their website. If you require any assistance with purchasing premium theme or plugin licenses please speak to Tarkine Creative and we can provide you with an additional quotation & advice.

Email Hosting

Tarkine Creative is not responsible for any email downtime, or related costs or damages associated with the email services being down for any period of time. In the event of downtime, Tarkine Creative will work closely with both the client and the company providing the e-mail service to rectify any issues in a timely manner. Tarkine Creative is not liable or responsible for the loss of any data. If clients require more than the allotted 1GB limit, please contact Tarkine Creative and we can provide a quotation for a higher mailbox limit.

Website Hosting

Tarkine Creative partners with Australian-based web hosting provider Digital Pacific and provides shared & dedicated hosting services and SSL certificates for our clients. Digital Pacific provides renowned performance and uptime (99.99% uptime being a guide from Digital Pacific). As part of this service, Tarkine Creative will liaise with Digital Pacific on our clients behalf to resolve any technical issues. Tarkine Creative is not responsible for any website downtime, or related costs or damages associated with the website being down for any period of time. In the event of downtime, Tarkine Creative will work closely with both the client and Digital Pacific to rectify any issues in a timely manner. If a client’s website monthly traffic exceeds the amount outlined in their specific plan, Tarkine Creative reserve the right to move the client up to the appropriate website plan or provide a quotation for a suitable custom solution.

Phone & Email Support

Tarkine Creative clients have exclusive access to phone (+614 9161 9688) and email support (hello@tarkinecreative.com.au). Support is measured via our time tracking system in 5 minute increments and is limited to the hours specified in each website hosting, support & maintenance plan. We understand some clients require more phone & email support than others, so If the allocated support hours are exceeded, clients will be notified and any additional support will be charged in 15 minute increments at our current hourly rate, billed quarterly upon use. The allocated support hours for every client is re-started on the 1st January each year. Support is offered between 9am to 5pm Mondays to Fridays and is exclusive for Tarkine Creative clients. Support is not available on Public Holidays or over the annual Christmas closed period. During peak times, there may be a 24-48hr response time for any support.

Website Backups

Tarkine Creative performs automatic backups of every website on a nightly basis and backups are stored for 30 days. These backups are saved and stored to an external source in line with our best security practices.

Website Bugs/Fixes

Occasionally a website may appear broken as a result of software updates (WordPress, Theme & Plugins) or by other means such as user, browser, desktop & device error. Tarkine Creative will work to fix all website bugs including performing additional updates & troubleshooting by contacting website & email hosting providers, WordPress and theme & plugin authors. Support time for bug fixes will use the support hours allocated depending on the plan chosen. If support hours are exceeded, clients will be notified and any additional support and bug fixes will be charged at our current hourly rate, billed quarterly upon use. Tarkine Creative cannot provide unlimited bug fixes as Tarkine Creative is not responsible for the development & maintenance of WordPress, Brainstorm Force Themes & the various plugins being used to operate each website.

Website Access

Tarkine Creative clients are granted Editor level access to their websites enabling them the ability to easily add / edit / delete pages or content. Tarkine Creative remains as the sole Administrator for the website. For security reasons, unless requested in writing, Tarkine Creative does not grant Administrator or FTP/cPanel access to clients or 3rd parties as Tarkine Creative cannot warrant or guarantee any work performed by 3rd parties. Tarkine Creative is not responsible for any loss or damage to the website, backups or database once Administrator access has been given.

Domain Name Ownership

Whilst Tarkine Creative manages the domain names for many of our clients, legally each and every domain name remains the property of our clients who are the rightful ABN/ACN holders of their business. Should any client wish to be released, Tarkine Creative agrees to assist in releasing the domain name(s) free of charge.

Review of Services

Tarkine Creative reserve the right to perform annual reviews of it’s services and prices. In case of any change, Tarkine Creative will notify clients prior to new services and prices being implemented the following month.

Release of Website

Tarkine Creative requires 30 days notice should a client request to cancel or release their website. Upon request, clients are required to acknowledge the transfer of responsibilities and termination of ongoing web hosting services & support upon release. Once agreed, Tarkine Creative will provide client the EPP code required to transfer the domain name, and remove all premium plugin licenses & associated tools and backup the website (core & database files) and provide client a downloadable link via FTP. Once provided, the client has a 30 day window to set up new website hosting, arrange transfer of their domain and engage the services of a web developer to perform the website migration. Tarkine Creative is not responsible for the migration of the website, or the setup of email addresses and forwarders on the new servers, all of which are the responsibility of the client. After 30 days, Tarkine Creative will remove website from it’s server and cancel all services. Tarkine Creative is not responsible for any loss of data during this process.

Migration of WordPress Website to External Hosting Provider

At any stage during the project or after launch, should a client request Tarkine Creative to perform a migration of the website to an external website hosting provider, a migration fee of $550 incl GST will be levied. Tarkine Creative requires 30 days notice to perform migration. Unless request and quoted upon, Tarkine Creative is not responsible for the setup of the new website hosting or the setup of email addresses / forwarders on the new servers, all of which are the responsibility of the client including Domain Name Transfer, DNS Record Updates, Zone or Email records. Upon payment of the migration fee, Tarkine Creative will migrate the existing website to the new hosting allocation. Tarkine Creative is only responsible for the migration of the current website and ensuring the correct website functionality is maintained. The client will be given a list of WordPress website server requirements & plugin licence details to ensure their chosen hosting environment is suitable prior to transfer.

Monthly Hosting Payment Terms

Tarkine Creative Clients can choose to pay for their website hosting & support in two ways:

Yearly

Pay a 6 month or annual 12 months invoice (Depending on plan chosen). Issued via invoice at the start of the 6 or 12 month period and can be paid via EFT (Electronic Funds Transfer).

Monthly

Monthly Automatic Debit Deductions via Credit Card or Bank Account payments

Clients choosing to pay via Monthly Automatic Debit Deductions must setup an automatic recurring funds transfer with their respective banking organisation prior to the website going live. The monthly direct debits should be setup to be transacted on or about the 1st business day of each month. The first payment will occur during the month of site launch. Tarkine Creative clients are responsible for any changes to their direct debit information and must inform Tarkine Creative of any changes to their bank details.

Insufficient Funds

Tarkine Creative clients paying by automatic debit agree to pay all bank, reference, debt collection or legal fees associated with any default or legal proceedings to recover outstanding fees.

Cancellation / Failure to Pay

Cancellation of the automatic debit requires 30 days notice in writing. Cancellation of hosting will result in the suspension and removal of the website from the time payment ceases. Failure to pay within 30 days will result in the suspension of your website and email accounts until full payment has been received. Upon failure to pay within 60 days, Tarkine Creative reserves the right to terminate the associated website and email accounts as the services are no longer being acknowledged or paid for / required.