Terms & Conditions
1. Cost Estimates
Three Names Creative will provide you with a written quote for work based on your requirements and information that you provide. Work includes, but is not limited to, consultation with you or third parties in relation to the project; research & planning; provision of information; copywriting; design and graphics; quoting for redesign/additional work at your request; domain names registration and hosting. Any additional work requested by you outside the details listed in the quote, shall incur charges. In the event any of the above work is requested without request for a written quote, Three Names Creative will charge $100.00/hour plus tax for all works.
2. Right to re-cost quotations
Quotations are based on all stages of a project being accepted by you exactly as specified in the quotation. If any of the stages are (for any reason) not accepted by you, we reserve the right to re-cost the project under new terms and conditions. If the project is cancelled or postponed prior to completion, you will be billed for the services and materials incurred up to that point. You are also responsible for increases in materials and third party services (e.g. printers and web hosting) where the increases are beyond our reasonable control.
3. Billing Method
On some occasions Three Names Creative will reserve the right to request a percentage of the total quote on acceptance. Payments to third parties are due immediately on completion of job, and the balance of payment is due within 14 days of the date of the final invoice.
4. Project Delivery
You agree to indemnify Three Names Creative from any losses associated with project delays based on your changes or delays by third party suppliers. While Three Names Creative shall make every reasonable effort to adhere to delivery schedules, it should not be explicitly or implied as a guarantee of delivery on the scheduled dates.
5. Author’s Corrections
Any corrections to the original copy, additional material (including photos and amendments) or additions after commencement of work are additional to the quotation.
All cancellations must be received in writing and you shall be liable for cost of all work completed to date. Where domain registration hosting, and printing has been organised, these costs shall be your responsibility.
7. Late Fees
Three Names Creative reserves the right to charge late fees on outstanding amounts exceeding the agreed upon trading terms. This fee will be based on 10% of the outstanding amounts plus Goods and Services Tax (GST), charged each thirty (30) days (or part there of thirty (30) days) until the debt is recovered or handed over for collection by an agency. All debt collection fees will be the responsibility of the client. Where the agency has handed over client invoices for collection, the client is responsible to pay the following: – All late fees as invoices by the agency and all collection fees incurred to recover the debt Including: – The commission of the collection agency and legal fees or any incidental expense incurred by the collection agency in recovery of the debt.
You are legally responsible to ensure that any content (images, text, graphics, music, video) provided by you does not infringe any copyright and you agree to indemnify Three Names Creative from any action taken in respect of breach of copyright associated with your project. Where Three Names Creative purchases material (images, text, graphics, music, video), under licence for use in your project, you can not reproduce these in any other form, without appropriate permission.
We keep all artwork, photography, video, computer files and other materials live on our system for 12 months from date of completion. After the 12 month period all files are copied to a disk and stored off site. At any time files can be retrieved at a cost to the client.
10. Website Updates
Three Names Creative can provide updates to your website at our hourly rate of $100/hr +gst. All requested updates are billed at a minimum of 15 minute blocks i.e if your request took 15 minutes to implement if would cost you $25+gst. Requests shall be made via email or over the phone and shall be actioned as soon as practical. Three Names Creative shall not be responsible for any changes, and consequent issues arising from changes made by other parties, to whom you have given ftp access.
11. Ongoing WordPress Maintenance – Monthly hosting fee
WordPress is an open-source platform, which requires ongoing maintenance and regular back-ups to ensure that the security of the site is protected at all times from any potential illegal activity, i.e. hacking or blacklisting. Three Names Creative offers a monthly hosting and maintenance fee to ensure the following are completed:
- Weekly backups generated and stored on a seperate server to where the website is hosted. A copy of the site is stored locally as well as off-site at all times.
- Your site is updated to use the latest version of WordPress at all times.
- Your site theme is updated to use the latest version of that theme that is compatible with the latest version of WordPress.
- Your site plugins are updated to ensure they are up to date with the latest plugin versions available and are compatible with your website’s theme and with the latest version WordPress.
In the rare circumstance that your site is subject to security breaches or illegal activity whilst subscribing to the Three Names Creative monthly or annual hosting fee, Three Names Creative will not accept any responsibility for loss or damage on the site. Please refer to the Hosting and Maintenance section of your proposal for further details on the Hosting and Maintenace monthly fee. Clients also have the option to pay this fee as an annual payment.
12. Using an alternative hosting provider
Three Names Creative will always offer the client the opportunity to host their website with the Three Names Creative preferred supplier. However, if the client chooses to continue to have their website hosted with an existing or alternative supplier Three Names Creative will not accept any responsibility for loss or damage on the site.
13. Intellectual Copyright
Three Names Creeative retains intellectual copyright of all material not supplied by the client, until final payment is received.
14. Legislative Compliance
You are responsible to ensure that the website and its content comply with current State and Federal Legislation. Three Names Creative does not accept responsibility for any failure to comply with laws and regulations related to activities and processes in conducting your business or trade. You agree to indemnify Three Names Creative against any claims, costs and expenses that may arise from any such material included at your request.
15. Privacy Statement
Personal information gathered from you is for the purposes of contact with you and the completion of agreed work. Three Names Creative shall not be provided to any third parties.
16. Law of Agreement
The law of the State of Victoria, Australia applies to these Terms of Trade.