Legal & working agreement.

This document defines the terms and conditions of our working relationship. All projects or services that Hamish Palmer trading as hamish.com.au (ABN 59 980 864 897) (hereafter referred to as "we") may be contracted to produce or provide for you (hereafter referred to as "you" or "the client") will be subject to the following.

You are hiring us to design and develop a website for the estimated total price as outlined in our proposal.

We will always do our best to fulfil your needs and meet your goals, but sometimes it's best to have a few things written down so that we both know what's what, who should do what and what happens if stuff goes wrong.

In this contract you won't find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.

You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You'll give us everything we need to complete the project as and when and in the format we need it. You'll review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so you'll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to do everything we've agreed with you and we'll do it all in a professional and timely manner. We'll endeavour to meet every deadline that's set and on top of that we'll maintain the confidentiality of everything you give us.

If we are designing your application we'll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions.

If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our standard design rates.

If the project includes HTML markup and CSS templates, we'll develop these using valid HTML and CSS code. We test all our markup and CSS in current versions of all major desktop browsers and on desktop, tablet, and mobile devices.

We build and test for the current and previous two major versions of Chrome, Firefox, Safari, and Edge. If your project requires support for older or non-standard browsers, we will discuss the additional effort involved and agree on any extra cost before work begins.

We're not responsible for writing or inputting any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the estimate we will charge you at our standard copywriting or content input rate.

You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our standard discovery rate.

The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we'll need to accomplish everything you want to achieve. If you want to change your mind, add extra pages or templates, or add new functionality, that won't be a problem — however, you will be charged accordingly and these costs must be agreed before extra work commences.

If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements.

Hosting setup and configuration is included in every project. Ongoing updates, backups, security patches, and server management are available under a separate maintenance plan — details and pricing are outlined on the services page.

Maintenance plans are month-to-month with no lock-in. If you choose not to take a maintenance plan, responsibility for keeping the site updated, backed up, and secure passes to you after handover.

We can't guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by you, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

• You own the graphics and other visual elements we create for you for this project. We'll give you a copy of all files — we are not required to keep them or provide native source files.
• You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and license it to you for use on this project only.
• We reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly.

• 50% Deposit up front.
• 50% Balance once the website has been tested, login to the editor (admin dashboard) and instructional videos have been sent to you.

Once the site has been tested and is ready to go live, we will issue the final invoice. If the final invoice is not paid within the agreed credit terms, we are under no obligation to keep the site on our testing server or continue with the project.