1. Maximiadis Web Designer shall create a custom designed, fully functional web site as outlined in every client’s Scope Project.
2. Maximiadis Web Designer will do its best to insure that your website will be developed and optimised for the most current browsers while taking full care to test the function and style of the website in older browser versions. However, we cannot guarantee full 100% compatibility for all browsers. The latest browsers include IE9, IE10, IE11, Latest Version of Google Chrome, Edge, Firefox and Safari for MAC.
3. For compatibility with specific browsers/versions additional costs may apply. Please note that not all visual elements can be reproduced the same across each browser, as some browsers display the same CSS3 code element slightly different. However every effort will be made to make your website appear the same across all browsers.
4. The client will be granted access to a content management system for the purposes of uploading content and maintaining the site. Upon receipt of full payment, the Client will inherit full rights to use the website as they wish and are responsible for all ownership of all the content on the website. Maximiadis Web Designer retains the copyright of the client’s website design and coding which may not be copied, modified or replicated unless the client has a written statement by Maximiadis Web Designer stating otherwise.
5. Maximiadis Web Designer retains the right to use the completed or parts of the website in a portfolio on this website, before and/or after the website has been placed on Client’s web server. The website will not be uploaded to the clients hosting server until full payment is received.
6. The client agrees to the nominal time frames indicated in the Design and Development Process. The time frames are offered as a nominal expectation for each function under normal circumstances. As often as possible Maximiadis Web Designer will complete the work within the time frames suggested. However, as workloads, available resources and client availability can fluctuate – this is not always possible. Other factors, such as unavailable content that the client is responsible for supplying or the degree of customization required to facilitate interactive features or Ecommerce solutions, may hinder the build timeline.
7. Maximiadis Web Designer is not responsible for maintaining the up-time and integrity of the website. Maximiadis Web Designer is not liable for any damages or costs nor is Maximiadis Web Designer responsible for any work to correct and or restore the site in the event of but not limited to malicious attack, hacking or virus and malware incursions after handover and/or expiration of the warranty.
8. 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, Maximiadis Web Designer will charge the client at a rate of $100 per hour (inc GST) to rectify and/or recover the website.
9. The Client warrants that it has the right to enter into this Agreement. The Client certifies that they own or have obtained appropriate any and all necessary licenses and permanent rights for any assets supplied by the Client to Maximiadis Web Designer.
10. The Client indemnifies Maximiadis Web Designer and its subcontractors against any and all claims, lawsuits, costs and expenses, including reasonable legal costs, arising in connection with the web site. This indemnification includes but is not limited to, assets obtained by Maximiadis Web Designer on behalf of the client.
11. Any and all assets that the Client is to supply for the web site shall be delivered to Maximiadis Web Designer within the first 7-14 days of project commencement, to prevent any delays in website deadline completion dates (scope creep). The Client shall proofread and edit such assets prior to delivery to Maximiadis Web Designer. Maximiadis Web Designer agrees that any asset supplied by the Client, whether for the website or in relation to the business purposes for the websites development, shall be treated as confidential and neither disclosed to any third parties, nor used in any way other than for the development of the website. At the completion of work, Maximiadis Web Designer shall return or delete any assets supplied by the Client.
12. Maximiadis Web Designer reserves the right to terminate the agreement in any of the following circumstances:
1. The Client does not contact / respond to requests by email or telephone within ten (10) working days
2. The Client deviates from the signed brief without paying additional fees if required to do so and quoted on additional work required
3. The Client fails to provide content and any additional information requested by deadlines stated.
4. In the event of any of the above stated occurrences, Maximiadis Web Designer may terminate the agreement with written notice to the Client. No refunds whatsoever will be made to the Client, and Maximiadis Web Designer will retain funds received. Should the Client wish to resume the agreement, a written request must be sent to Maximiadis Web Designer for consideration within ten (10) working days of receipt of the termination notice.
13. The Client agrees that should Maximiadis Web Designer undertake any tasks dependent on third party services, including but not limited to 3rd party APIs, website services and libraries (e.g. Twitter API, Google Maps API, Facebook API), Maximiadis Web Designer 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, Maximiadis Web Designer will be required to quote and charge for the additional work on a case by case basis. There are no refunds available on services provided by Maximiadis Web Designer.
14. This agreement is subject to the jurisdiction of the State of New South Whales, Australia and the parties irrevocably submit to the jurisdiction of the courts of the State of New South Whales.
15. The Client may not offer any form of employment to Company staff whilst using Maximiadis Web Designer services, or within 6 months of ceasing services.