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Full terms and conditions - a muse design

By placing an order with a muse design, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Definitions

a muse design refers to Daina Price. The client refers to the company or individual engaging the services of a muse design.

General

a muse design will only commence a project where an agreement has been provided by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between a muse design and the client. This includes written and verbal agreements via telephone and email.

Project stages

Stage 1 - The client must thoroughly review the website design, providing feedback within five business days.

Stage 2 - The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.

Stage 3 - The client must carefully review the 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 a muse design to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises a muse design to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, a muse design will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Bugs or system errors

When a project has been delivered and approved, the client will have a three month grace period where a muse design 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.

Website design

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, a muse design does not accept responsibility for any losses incurred due to website malfunction.

The project and any associated graphics and files remain the property of a muse design until all accounts are paid in full.

Any scripts, cgi applications, php scripts, programming code or software written by a muse design remain the property of a muse design and may only be commercially reproduced or resold with the permission of a muse design.

a muse design cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

Any additions to the brief will be carried out at the discretion of a muse design. Where no charge is made by a muse design for these additions, a muse design accepts no responsibility to ensure these additions are error free. a muse design reserves the right to charge an appropriate sum for any correction to these or further additions.

The client agrees to provide a muse design all materials required to complete the site (files, content and images) in a timely fashion.

a muse design will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or a muse design to meet agreed deadlines. a muse design will not be liable or become involved in any disputes between the site owner and their clients and a muse design cannot be held responsible for any wrongdoing on the part of a site owner.

a muse design 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. a muse design will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents. A deposit of 30% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.

If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

Content and data entry

The supply of content and assets is the responsibility of the client, unless the client is employing a muse design’s copywriting service. All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.

Content must be thoroughly reviewed before it is supplied to a muse design. a muse design is not responsible for any spelling and grammatical errors. Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Project delays

Where a project has final approval a muse design 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) a muse design reserves the right to charge a project -delay fee to recover costs associated with ongoing management of the project.

Database, application and e -commerce development

a muse design 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 a muse design before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications, php scripts or software written by a muse design remain the property of a muse design and may only be commercially reproduced or resold with the permission of a muse design.

Where applications or sites are developed on servers not recommended by a muse design, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from a muse design for external hosting will incur additional charges.

Where a large application is to be developed, the client is responsibile for providing a testing environment as similar as possible to the final production environment.

When a project has been delivered and approved, the client will have a three month grace period where a muse design 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.

Compatibility

a muse design will ensure that any site or application will function correctly:

  • On the server to which it is initially installed
  • When viewed with current Microsoft Internet Explorer version 7 to current full release
  • When viewed with Mozilla version 3 to current full release
  • When viewed with Chrome current full release

a muse design can offer no guarantee of correct function with all browser software including future releases.

Website hosting

a muse design cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.

a muse design reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms

Hosting is available through a recommended provider. 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.

Training

End user training is to be undertaken at an annomiated location chosen by either party. The client will be charged any travels costs if they exceed $20.

Payment of accounts

A deposit by the client is required before a muse design can commence a project. Any outstanding accounts for work completed by a muse design or our affiliates requires payment in full no later than 15 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.

a muse design will contact clients to remind them of payments due if they are not received. If accounts are not settled and a muse design have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Complaints procedure

Any client experiencing problems with a web service provided by a muse design should contact their assigned Project Manager or email webmaster@amusedesign.com. Clients should supply the URL of the problem and clearly outline the issue in question.
a muse design will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure

The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to a muse design who will acknowledge receipt and ensure that the matter is examined within two business days.

An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

Payment Terms

Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:

  • A third of the total project cost will be invoiced on commencement of the project;
  • A third will be invoiced when the design template is coded and approved by client;
  • The final third will be invoiced when the project is handed over; and
  • Payment terms are strictly 15 days.

Updates outside original scope

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

Service Terms

Intellectual Property

a muse design reserve the right to re -use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance

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

Software Maintenance - a muse design guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.

Platforms:

  • Windows (version XP up to current full version)
  • Macintosh (OS 10.1 up to current full release version)

Browsers:

  • Internet Explorer - version 6 up to current full release
  • Firefox 3 up to current full release
  • Apple Safari - version 3.1 up to current full release

Browser Plug-ins:

  • Current version of Flash Player
  • Windows Media Player
  • QuickTime

Variations and Extensions

In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. a muse design can also be engaged on a time and materials basis.

Goodwill

This proposal assumes goodwill from both sides regarding:

  • What can reasonably be achieved in a given time frame; and
  • Making best use of resources to achieve the most effective outcomes.

Approval/Sign - off

To authorise commencement of a project a muse design must receive email confirmation to go ahead with the work.

All quotes are valid for 30 days from date of issue.