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Terms and conditions

Payment Terms:

Milestone	Description	Amount	Payment Due Date
Authorisation	Deposit/Authorisation	100%	Prior to project commencement

This document represents the entirety of the contract.

Payment terms are strictly 7 days.

Payment can be made via cheque or direct deposit. Please ensure that the invoice number is included in the description.

Bluewire Media
BSB: 064 102
Account: 1035 6779.

On authorisation of the proposal, prices will remain valid for nine (9) months from the date of the proposal.

If the client places the project on hold, the client will be required to pay for the work completed to that point. If only the sign off is required the remaining balance will be due.

If payment has been delayed and is not received on the due dates or upon completion of milestones then work will stop and no further work will be carried out until all outstanding monies have been received. If work is suspended due to late payment then priority will be given to other projects and the related project will have to be re-scheduled into production.

Money-Back Guarantee

The 110% Money-Back Guarantee is available for all packages advertised on the Bluewire Media website. If youare not satisfied, Bluewire Media will refund your most recent payment plus an additional 10% to cover your time. This offer is not available for custom packages.

Indemnity and Obligations:

Subject to the provisionsof this agreement, The Client shall at all times indemnify and hold harmlessBluewire Media, its officers, employees and agents (in this clause referred toas "those indemnified") from and against any loss (including legalcosts and expenses on an indemnity basis), or liability, reasonably incurred orsuffered by any of those indemnified arising from any claim, suit, demand,action or proceeding by any person against any of those indemnified where suchloss or liability was caused by any willful, unlawful or negligent act oromission of The Client, its employees, agents or subcontractors in connectionwith this Agreement.

Limitation of Liability:

This Agreement is limited to the services provided in accordance with the agreement.

Bluewire Media will not be liable for any incidental, special or consequential damages that result from the use or inability to use any of its products, services or advice including but not limited to the following:

Documentation, templates, guides, plans, verbal advice, diagnostic tools, published or unpublished materials, supplier’s software, third party software, website content, blog content, reports, articles and data;
Any other third party service provision; and
Any training and/or training manuals provided or otherwise.

Bluewire Media will not be liable and/or in any way be responsible for damages that result from mistakes, omissions, deletion of data or files, errors, defects, delays in operation or transmission, or any failure in operation or performance whether or not caused by events beyond reasonable control including but not limited to:

Acts of God
Theft
Destruction
Any unauthorised access to Bluewire Media's or The Client's records, programs, or services.

Under no circumstances shall Bluewire Media’s total liability for damages, losses, and causes of action exceed the amount paid under this agreement.

Promotion:

Bluewire Media reserves the right to promote the client as a client of Bluewire Media and include the client’s logo, name and contact details in marketing and advertising programs.

Intellectual Property:

The client retains the copyright in all content and images supplied to Bluewire Media. Bluewire Media grants to the client a limited license to use the copyright in the code for the express purpose of using the code on the nominated domain(s).

Project Progression:

Project Window Policy

As a measure to ensure we can deliver a quality project that meets ISO 9001:2008 standards, Bluewire Media operates a Project Window policy.

Resources will be dedicated to your project to ensure it is delivered on time. However, if your failure to fulfill your responsibilities causes the project to go beyond the agreed deadline we will need to move onto the next project. In this situation your project may be completed by purchasing an Updates & Support package.

Bluewire Media is not responsible for delays caused by inadequate details provided by the client.

Proceed Unless Halted

To help deliver projects on time, Bluewire Media also operates a "proceed unless halted" policy for project milestone sign-offs. At each sign-off point, you have 3 business days to provide feedback on changes you’d like, otherwise it will be considered tacit approval to proceed. Changes you request after this 3 day period can be made by using an Updates & Support package.

We advocate a high degree of interaction with our clients to ensure they have visibility into progress being made on the project. Bluewire Media and the client’s project leaders should “meet” via email to allow for recordable verifiable discussion if required to review status, issues and risks as well as make decisions.

If content is not supplied in ‘Web Ready Format’ the client will incur additional fees of $275 inc. GST per hour for the conversion of the data, this will be quoted separately or can be completed on an Updates & Support package. ‘Web Ready Format’ means content including, but not limited to, text, pictures, video and audio supplied in a PC (Personal Computer) digital format. Conversion from Mac to PC will incur additional fees.

We require any related materials including logos, images and copy to be delivered to our office as soon as possible once the proposal has been signed and authorised. If Bluewire Media is required to contact third party suppliers and source relevant material an Administration Charge of $275 inc. GST per hour will be billable. Implementation will be suspended until all outstanding material is received.

Content, Design, Develop, Deploy:

The completed project will not be uploaded to the nominated domain(s) nor email accounts created until final payment (the development completion milestone) has been received.

All websites including single webpage sites [e.g. “under construction”, “coming soon”, “launching soon”] are considered complete websites and are subject to the full web hosting fees applicable.

Included within this Agreement will be one (1) re-design of graphical template only, if The Client is not happy with the first submission. Any additional re-designs will incur an additional fee. To ensure the first design is as effective as possible please be sure to supply a detailed description of your requirements. Please note Bluewire Media supports all copyright laws and exact copies will not be made.

Included within this Agreement will be the number of pages to be designed and developed. Additional pages will fall out of scope of the project and will incur an additional charge. For the purposes of content entry, it is considered that one (1) HTML page is equivalent to one (1) A4 page.

Additional pages managed by the Content Management System (CMS) will incur the same fee per page.

Bluewire Media reserves the right to include a discreet, minimised development tag on the bottom baseline on each page of the project. This tag will be set at 10pt font and bear the words ‘Web Design Brisbane by Bluewire Media’, or similar, and will link back to www.bluewiremedia.com.au. If third party developers are contracted to maintain the site but the design remains the same this Development Tag must remain on the website and link back to www.bluewiremedia.com.au.

Included in the budget of the proposal are two (2) lists of changes. Additional changes can be completed under an Updates & Support package.

Out of Scope

During the content, design, development, deploy phases, some client requests may fall outside the initial project scope. Such requests may incur additional charges and affect the project timeline. Bluewire Media will inform The Client if a request is deemed out of scope and will discuss associated costs and alterations to the project timeline. Out of scope requests may be completed by purchasing an Updates & Support package.

Travel Expenses

All travel expenses incurred by Bluewire Media during the normal course of a project will be invoiced as an expense in addition to the project cost. This will be an upfront cost itemised as part of The Agreement.

Email Marketing:

The completed email template(s) will not be uploaded to Bluewire Mail, nor HTML files supplied, until final payment along with sign off has been received.

Included within this proposal will be one (1) re-design of graphical template only if the client is not happy with the first submission. Any additional re-designs will incur an additional fee. To ensure the first design is as effective as possible please be sure to supply a detailed description of your requirements. Please note Bluewire Media supports all copyright laws and exact copies will not be made.

Included in the budget of the proposal are two (2) lists of changes. Additional changes can be completed under an Updates & Support package.

I understand and accept all fees associated with database access and ongoing send costs for email and/or SMS messages via Bluewire Mail. These costs are detailed at: http://www.bluewiremedia.com.au/email-marketing.html.

Bluewire Mail costs will be charged monthly in arrears and are required to be paid by Direct Debit. A Direct Debit Authority form will be provided.

Bluewire Mail is a third party software tool supplied by Vision 6. As part of your account activation you will be required to accept the Terms & Conditions of use as set out by Vision 6. These terms are available on the Home tab within your Bluewire Mail account or at: http://www.vision6.com.au/terms-and-conditions/.

Domains and Hosting:

Email addresses will not be activated nor passwords issued until payment is received in full.

The inclusion of forwarded domains incurs the fee of $11 inc. GST per month per domain and will not be ‘forwarded’ to the existing website until payment is received in full.

The domain transfer fee of $110 inc. GST applies if the client’s domain needs to be transferred from another registry. However, if Bluewire Media purchases an available domain on behalf of The Client, then no transfer fee is applicable.

Website and email hosting costs will be charged annually in advance and are required to be paid by Direct Debit. A Direct Debit Authority form will be provided.

Updates & Support:

Billable updates and support will be provided at an hourly rate of $275 inc. GST for copywriting, design services and website development/updates. An invoice will be issued at the completion of the changes or modifications according to the hours worked. Alternatively, an Updates & Support package can be purchased.

Updates & Support Packages:

Updates & Support packages are available for purchase in advance of any work commencing.

Time will be tracked at a minimum of 15 minutes and 5 minute intervals thereafter. Bluewire Media will endeavour to provide a breakdown of the package on a monthly basis.

Any changes deemed to fall outside the inclusions of an Updates & Support package will be quoted for separately. Support and/or updates that fall into this situation will be discussed prior to work commencing.

Miscellaneous Provisions:

Alterations

This Agreement may only be altered in writing signed by all the parties.

Assignment

A party may only assign this Agreement or a right under this Agreement with the prior written consent of all the parties.

Consents and Approvals

Except where this Agreement expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under this Agreement.

Costs

The parties to this Agreement, party must pay its own costs of negotiating and executing this Agreement and any instrument or document executed to give effect to this Agreement.

Counterparts

This Agreement may be signed or executed in a number of counterparts, with the same effect as if the signatures to or execution of each counterpart were on the same instrument.

Survival

Any obligation of confidentiality created by this Agreement are independent and survive termination of this Agreement.

Entire Agreement

This Agreement including any annexures, schedules, Internet Strategy deliverable documents, and any information linked from this Agreement, constitutes the entire Agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties.

Further action

Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this Agreement and transactions contemplated by it.

Severability

Part or all of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining parts of the provision or provisions of this Agreement continue in force.

Waiver

The non-exercise of or delay in exercising a right of a party shall not operate as a waiver of that Right (except in the case of a proceed unless halted which operates as an approval), nor does a single exercise of a Right preclude another exercise of it or the exercise of other Rights. A Right may only be waived by Notice, signed by the party (or its Authorised Representative) to be bound by the waiver.

Governing law and jurisdiction

This Agreement is governed by the law of Australia and each party irrevocably and unconditionally submits to the non?exclusive jurisdiction of the courts of Queensland.

I agree to be bound by the terms and conditions contained in this Agreement. If I don’t sign this document but continue to instruct you to proceed (for instance, authorise verbally or in writing via email), I agree to be bound by the terms and conditions in this agreement.