Last updated: 26 August 2020
These WordPress website proposal terms and conditions are part of the contract you enter into when you engage Crazy Cat Copy. Please read them through carefully and get in touch if you have any questions – telephone (0401) 053 469; email: rachel@crazycatcopy.com.au.
These terms and conditions apply to all copywriting work provided by Rachel Melissas Amies.
Trading as: Crazy Cat Copy
A.B.N. 19 393 245 450
Definitions
“You” is the client, its employees and agents.
“We”, “Us” and “Our” is Crazy Cat Copy, its employees and agents.
1. Quotes and Proposals
1.1 |
This proposal is an outline of Crazy Cat Copy’s Services for your WordPress website project and is based on information provided by you. |
1.2 |
All quotes and proposals are valid for 30 days from submission date, after which it is no longer binding. |
1.3 |
All quotes include: |
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1.3.1 |
Two rounds of revisions at no extra charge. |
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1.3.2 |
Changes or additions to the scope of work set out in the proposal may be subject to additional fees. |
1.4 |
You have a maximum of 14 days from submission of the first draft to respond with revisions. |
1.5 |
Any additional work, variation or changes you may request to our proposal may incur additional costs. Additional fees will be charged for any additional revisions. |
1.6 |
To engage our Services and agree a start date please confirm to us acceptance of our proposal by: |
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1.6.1 |
selecting one of the options contained in our proposal along with any add-ons you wish to have, then |
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1.6.2 |
electronically signing our Website Services Agreement, and then |
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1.6.3 |
making payment of the non-refundable deposit |
1.7 |
We will then confirm any information we require from you to commence your WordPress website project. |
1.8 |
You may not use or present any part of our proposal content to any other individual, developer or other business without our written consent. |
1.9 |
All proposals, quotes and our services are subject to our WordPress Agreement terms. |
2. Deposits
2.1 |
For projects over $1,000 including G.S.T., a non-refundable deposit of 50% of the total amount quoted is required on approval of the proposal before work can begin. |
2.2 |
For projects valued less than $1,000, including G.S.T., the full amount is required on approval of the quote before work can begin. |
2.3 |
Crazy Cat Copy’s invoice or 50% deposit, if clause 2.1 above applies, must be paid and cleared into our bank account before any project work can begin. |
3. Payment
3.1 |
The remaining 50% of the total amount quoted, if clause 2.1 above is applicable, will be due within 28 days of the amount paid in accordance with clause 2.1 above, or when your WordPress website is ready to go ‘live’, whichever occurs first. |
3.2 |
Payment terms are seven (7) days from the date of your invoice. |
3.3 |
We reserve the right to charge you interest on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter. |
3.4 |
If we engage a third-party organisation to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses. |
3.5 |
You can pay via electronic funds transfer (preferred) or credit card. |
3.6 |
If your project is urgent and requires a first-draft turnaround of less than two (2) working days, a rush loading of 25% will apply. |
3.7 |
Any costs additional to the Services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and will be charged to you as required. These costs will be itemised separately in the invoice. |
3.8 |
We are liable by law for G.S.T. and you must pay us the G.S.T. amount. |
4. Face-to-Face Meetings
4.1 |
Additional face-to-face meetings can be added to the project at your request. |
4.2 |
Face-to-face meetings will incur an additional fee and will take into account any necessary travel time. |
4.3 |
Meetings must be cancelled at least 24 hours beforehand, or the full charge of the meeting will be added to your final invoice. |
5. Changes in Scope
5.1 |
Any modifications to the original project brief during the course of execution will render the provided quotation invalid. |
5.2 |
Additional fees or charges may be applied to cover the time and expenses required to complete any new work. |
5.3 |
The new quote will need to be approved, and the revised deposit paid, before work can restart. |
6. Timeframes
6.1 |
We endeavour to deliver all work by the agreed deadline. However, circumstances beyond our control – including major illness or family emergencies – may prevent us from getting work to you on time. |
6.2 |
We will inform you within two (2) business days if there are any timeframe issues. |
6.3 |
Unless otherwise agreed, you will provide information and amends to us within seven (7) days. |
6.4 |
If we are unable to complete work because we have not received information from you, we will continue the project at our next opportunity. This may affect your overall timeline. |
7. Communication
7.1 |
You are asked to nominate one primary contact for all revisions and contact throughout the project. |
7.2 |
If you do not communicate with us for 30 days, the project will be deemed closed and any final amount owing will be billed. |
8. Confidentiality
8.1 |
If we have signed a separate confidentiality agreement or Non-Disclosure Agreement with you, that agreement takes precedence. |
8.2 |
We will not disclose any information that you indicate is confidential. |
8.3 |
You agree not to disclose any information about our pricing structure or project documents. |
8.4 |
We reserve the right to use your projects for our own promotional use unless we have signed a Non-Disclosure Agreement precluding this. |
8.5 |
We may approach you for a testimonial after the project is completed to your satisfaction, although the provision of the testimonial is not obligatory. |
8.6 |
We reserve the right to refer to this project and your business name, and to use your logo and content for promotional or educational purposes. |
9. Termination
9.1 |
You may terminate the job at any time via email. |
9.2 |
If you terminate the job, we will invoice for the total stage in progress at the minimum estimated fee. |
9.3 |
We may terminate the job at any time via email. |
9.4 |
If we terminate the job, we will invoice for the total stage in progress at the minimum estimated fee. |
10. Risk
10.1 |
We are not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation: |
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10.1.1 |
Acts of God |
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10.1.2 |
Power failure |
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10.1.3 |
Equipment failure |
11. Copyright
11.1 |
You gain full copyright and intellectual property rights for any work delivered by us when you complete the final payment. |
11.2 |
Until final payment is received, we retain copyright and intellectual property rights for all ideas, concepts and work delivered. |
12. Claims and Liabilities
12.1 |
We endeavour to ensure that our work doesn’t infringe on any copyright or other right of a third party. |
12.2 |
We are not liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained, or resulting from unauthorised access to, or alteration of your transmissions or data. |
12.3 |
You agree to indemnify and to hold us harmless against any and all claims, costs, and expenses, including solicitors’ fees, due to materials included in any work undertaken at your request. |
12.4 |
All materials provided by you are assumed to be legal and accurate. |
12.5 |
You are responsible for checking the factual accuracy of the content for this project. |
12.6 |
We work hard to ensure our work is free from errors but we don’t offer an error-free guarantee. You are resonsible for final approval. |
12.7 |
We take no responsibility for the material and how it is used once you have approved the final draft. |
12.8 |
If you wish to make a claim about incorrect performance or breach of these terms and conditions, you must send it in writing to us within six (6) months of delivery. |
12.9 |
Any imposed liability shall be limited to resupply of information or services. |
13. Entire Agreement
These terms and conditions constitute the entire agreement and understanding of the parties, and supersede any previous agreement between the parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
These terms and conditions shall be governed by Australian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts.