WebsiteBand Terms and Conditions

WebsiteBand shall provide web design and development and related services in accordance with your Proposal document. By placing an order with WebsiteBand, you acknowledge that you have read, understood and agreed to these Web Design & Development Terms & Conditions set out below.

Terms for Special Offer (Websites For Tradesmen)

        • Terms for the special offer is bound with WebsiteBand full terms and conditions
        • The offer is designed for websites of tradesmen ( as demo sites) or some local businesses of a similar nature only.
        • Full payment required before project commencement.
        • Free 2 year Domain Name Registration included,  domain renewal at market prices available.
        • Free 12 month Hosting Services. After 12 months, you can choose other service providers or continue to use our hosting service at USD $20 per month and basic maintenance packages starting at USD $47 (hosting included)  per month.
        • Extra charges might apply for Logo design, extra email accounts setup, web copy, social media account setup and extra functions & customization etc. Any additional cost will be confirmed before the project starts.
        • Standard pages include: Home Page, Services/ Products, Contact Us, About us, Operating Hours, Testimonials, Privacy and Terms.
        • Additional pages and contents can be added, for each package extra image modification, customization will be charged at our standard hourly rate. Any additional cost will be confirmed before the project starts.
        • No cancellation for this special offer while every endeavor will be made to ensure the website is to your expectation.
        • Seo packages available on request. We work with one of top SEO firms with proven 1000+ successful cases on Google No 1 page ranking to help you dominate your market

1. Our Payment Policy

To authorise commencement of a project, WebsiteBand must receive a signed copy of the approval document enclosed with each quote. This should be emailed to info@smartsiteblog.com. All quotes are valid for 30 days from date of issue.

A deposit by the client is required before WebsiteBand can commence a project. Any outstanding accounts for work completed by WebsiteBand require payment in full no later than 7 days from the date of invoice.

Prior to completion of a project the client is obliged to pay the balance in full. WebsiteBand will contact clients to remind them of payments due if they are not received. If accounts are not settled and WebsiteBand have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

1. Standard Payment Terms: ( Not Applicable for this Special Offer)

There are 2 options:

Our payment schedule is as follows:

Option 1:

  • 30% of the total project cost will be invoiced on sign off. Work will be scheduled to commence when payment is received.
  • 40% will be invoiced on design approval by client
  • The final 30% will be invoiced prior to completion and must be paid before the site will be made live.

Option 2:

  • 50% of the total project cost will be invoiced on sign off. Work will be scheduled to commence when payment is received,
  • The final 50% will be invoiced prior to completion and must be paid before the site will be made live. Upon completion PAYMENT of the 10-day review period, we will invoice you for the 50% balance of the project.

WebsiteBand shall issue invoices in respect of the Charges and frequency set out in your Proposal document. The Charges shall be payable in Australian dollars within 10 days of the date of the invoice or on such other payment terms set out therein and must be made by one of the methods outlined in the invoices provided by WebsiteBand . All deposits or advanced payments are non-refundable.

The deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

Unless otherwise stated, all charges are in USD and other amounts payable are exclusive of GST for Australian Companies. Our standard hourly rate is $100 per hour.

Additional charges shall be payable for out-of-scope work, that is work not otherwise expressly set out in your Proposal document.

2. Supply of Materials and Site content

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include photographs, written copy, logos and other printed material. You shall be responsible for the accuracy and completeness of the Materials.

Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

WebsiteBand cannot take responsibility for any copyright infringements caused by materials submitted by the client. You shall ensure that Materials do not infringe any applicable laws, regulations, industry codes or third party rights.

You shall indemnify WebsiteBand against all damages, losses and expenses arising as a result of any action or claim that the Materials or any other material posted to, or linked to, the Site constitutes Inappropriate Content.

WebsiteBand may include statement “Webdesign by WebsiteBand ” on the home page of the Site, together with a hyperlink to the WebsiteBand website.

You acknowledges that the ability of WebsiteBand to provide the Services is dependent upon your full and timely co-operation (which you agree to provide), as well as the accuracy and completeness of the design specifications, and any other information and data provided by you or on your behalf.

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

3. Variations and Changes

We offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of USD$100.00 per hour.

4. Cancellations ( Not Applicable for this Special Offer)

You may change the Services by notifying WebsiteBand in writing. Your new Service will take effect from the date WebsiteBand commences provision of the new Services in accordance with the terms agreed in writing by WebsiteBand .

(a) Charges applicable to your new Service from the date of the notice;

(b) Charges for any remaining invoice period for your previous Service(s) (whether or not such Service(s) are utilised during such remaining invoice period);

(c) Charges for amounts then due but unbilled for your previous Service(s); and

(d) Charges for costs associated with any Service change or cancellation, where such costs are based on the standard rates of WebsiteBand at the time.

Any amounts or deposits already paid by you for a changed, cancelled or discontinued Service shall not be refunded in any circumstances.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

5. Projects Delays

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

Where a project has final approval WebsiteBand will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) WebsiteBand reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

6. Approval of Work

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification.

Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

Upon completion the client must thoroughly review the website design, providing feedback within five business days. Review completed website including all content, providing feedback on any changes within three business days.

Final review- The client will review any changes made in stage three and authorise Website Band to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

7. Website Hosting Terms & Hosting Payment Policy

Hosting is available through WebsiteBand or Hostgator hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

All pricing is guaranteed for the term of pre-payment. WebsiteBand Limited reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. I

If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WebsiteBand Limited to request termination of services.

We offer limited hosting services by Hosting Gator. They have great customer and technical support and service guarantee for an annual average of 99% network availability for their infrastructure.

Should you require any additional information, please refer to Hostgator terms and conditions.

Whilst WebsiteBand  recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by WebsiteBand  cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Data Transfer Limits

Our monthly data transfer limit is 1GB per Month, if data transfer exceeds this limit it will be charged at $0.01 per MB.

8. Warranty By You As to Ownership of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

9. Maintenance & Support Policy

WebsiteBand can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.

When a project has been delivered, approved and hosted on Websiteband’s server, the client will have 30-day period where WebsiteBand will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

30 day complimentary support includes general phone & email Support is Included. Website Status Check Available at an additional cost -The duration and cost will depend on your requirements. The cost varies per project.  We are always here to help with extra support.

Our website maintenance packages in place that can be tailor made for your business. Depending on the type of website, online shop, ecommerce solution or mobile application that you have and need assistance in maintenance we can offer professional technical and non-technical support customised for your given project.

All maintenance support services provided by WebsiteBand is charged at a minimum of $100 per hour and will continue to vary according to the size and functionality of your website or mobile application maintenance services.

If you will be making regular changes to your website over time, you can save money by purchasing a website maintenance package.

Timeframe of your website maintenance will be issued with your quote We’ll provide you with the timeframe for your job when your quote is issued, based on the service level agreement.

Software System specifications Maintenance – WebsiteBand guarantees that each project will be compatible with current versions of all major software platforms. In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. WebsiteBand can also be engaged on a time and materials basis.

Backups

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. Backup is included in our maintenance packages to suit your business nature.

10. Search Engine Ranking

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice. After project delivery, we will perform keywords and market competition research, recommend SEO packages depending on your business goals and budget. 

11. Liability

WebsiteBand will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

WebsiteBand will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

WebsiteBand will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

WebsiteBand will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Database, application and e-commerce development

Website Band cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by WebsiteBand before being made available for general use.

Services shall be provided without any guarantees, conditions or warranties as to its accuracy, speed, uptime, completeness, reliability, suitability or currency of Services and they are provided on an “as is where is” basis. WebsiteBand does not warrant that the Services or the Site will be uninterrupted or error free, will meet your requirements (such as speed, uptime, performance or reliability), nor will they be free from external intruders (hackers), unauthorised virus or worm dissemination.

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, WebsiteBand does not accept responsibility for any losses incurred due to website malfunction. The project and any associated graphics and files remain the property of WebsiteBand until all accounts are paid in full.

Any scripts, cgi applications, php scripts, programming code or software written by WebsiteBand remain the property of WebsiteBand.

12. Subcontracting Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

13. Additional Expenses

Expenses by Third Party

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, and domain name registration, web hosting or comparable expenses.

Updates outside original scope.

In the event of any variations or extensions to the project, or should a client wish to engage WebsiteBand on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

We will also assist by providing you with relevant and necessary information and tutorials needed to acquaint you with the product or service provided for you. If you do not have an active annual maintenance contract with WebsiteBand.

Email Support is also available for your use and will be replied on average from 24 hours after it has been sent, please give our technical engineers sufficient  time to respond as they have to research your technical issues before they respond to you. Support Email Address is

14. Database, Application and E-Commerce Development

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

WebsiteBand cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

The client is expected to test fully any application or programming relating to a site developed by WebsiteBand before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, WebsiteBand will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

15. Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Please Note: These terms and conditions are subject to change at any time in our sole discretion. You will be notified via email in this instance.

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