Terms & Conditions

Summary

We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large 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.

What do both parties agree to do?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need them, and in the format that we ask for. Deadlines work two ways and you will also be bound by any dates that 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 perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

Changes and revisions

The estimate/quotation prices at the beginning of this document are based on the number of hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.

Legal

We can’t guarantee that the functions contained in any web page templates or in a completed web site 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 web site and any other web pages, even if you have advised us of the possibilities of such damages. 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.

Maintenance and Hosting Monthly Payment Terms

Theme Press clients must sign and return their Direct Debit Request Agreement form to initiate payment via monthly direct debit. The monthly direct debits of $40-$69 will be transacted on or about the 1st business day of each month. The first payment occurs on date listed on the Direct Debit Request Form supplied with the client agreement form. Theme Press clients are responsible for all changes to their direct debit information and must inform Theme Press of any changes to their bank details.

Failure to Pay / Insufficient Funds

Failure to pay your monthly maintenance fee within 7 days will result in the suspension of your site until full payment has been received. Theme Press clients paying by automatic debit agree to pay all bank, reference, debt collection or legal fees associated with any default or legal proceedings to recover outstanding fees.

Maintenance and Hosting Cancellation Terms

Cancellation of the automatic debit requires one month’s notice in writing. Cancellation of hosting will result in the suspension and removal of the website from the time payment ceases.

Release of Website

The release of the website covers the handover of an exported SQL Database file along with the administration login details for your new provider to access and perform the transfer. Theme Press is not responsible for any loss of data during this process. Theme Press is not responsible for the actual transfer of the website, nor the re-setup of email addresses and forwarders, all of which is the responsibility of the new provider. Once the transfer has been requested there is a 10 day window before the site and hosting will be removed from our server. 

Termination

Any customer who wishes to cancel the agreement during the initial term shall be liable to pay the total amount owing within the initial term. The supplier may cancel or suspend this agreement at any time without notice and without any liability to the customer where the customer is in breach of the terms of this agreement. Where cancellation of the contract is sought before any payments are made, a cancellation fee equal to twenty percent (50%) of the gross value of the contract will be due and payable.

Limitation Of Liability

The services and the work product of Theme Press are sold “as is.” In all circumstances, Theme Press’s maximum liability to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to Theme Press’s net profit. In no event shall Theme Press be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Theme Press, even if Theme Press has been advised of the possibility of such damages. Theme Press does not guarantee sales or success of websites or blogs. Clients are responsible for sales, promotion and income, and Theme Press are not liable for business or personal blog success.

But where is all the horrible small print?

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part if this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal and binding document.

Acceptance of Terms

By submitting your deposit, you agree to the terms and conditions of Theme Press. You are responsible for adhering to the terms and conditions listed here.

The following attracts an hourly fee of $75

  • Face to face support
  • Content changes
  • Design changes
  • HTML/CSS/Coding training, support or troubleshooting
  • Payment of all support tasks or additional work outside of your original package fee will be payable as soon as the task is completed.
Project Brief

Before we get started we need some information from you to make sure we deliver absolutely everything you are hoping for.