HEADER ONE Terms and Conditions
Created Inhouse PTY LTD ATF Old Pear Tree Trust trading as HEADER ONE operates the Accommodation Marketing website: https://accommodationmarketing.com.au/ its programs, program material, products, and services.
Address: 4/12 Jetty Road, Brighton
ABN: 90 160 366 135
1 – Standard Terms and Conditions
These are the standard terms and conditions for website design and development (‘Website Build’) and apply to all contracts and all work undertaken by HEADER ONE for its clients.
The terms ‘us’ or ‘our’ or ‘we’ refers to HEADER ONE.
The terms ‘you’ or ‘your’ refers to the client of HEADER ONE.
HEADER ONE operates in accordance with Australian Competition and Consumer Law.
HEADER ONE reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
2 – Client Agreement
During the website briefing, it is your responsibility to provide HEADER ONE with clear guidelines along with the specific detail of what you may require. The quote we provide is based on our best understanding of your requirements based on the information provided. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly.
At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Therefore, it is essential that you clarify every aspect of your Website Build and ensure you have been quoted on the right requirements.
On your written acceptance via email of the quote this becomes the ‘Client Agreement’ and is deemed thereafter a written contractual agreement between you and HEADER ONE.
Once the Client Agreement has been finalised, any additions, changes or enhancements in the functionality of the Website Build will affect the Client Agreement and may incur additional costs and a revised delivery date.
3- Fees and Deposits
All prices are quoted in Australian dollars and are exclusive of GST unless specified and are guaranteed for 30 days from the date of quotation. The website will not be launched until the website is fully paid.
4- Supply of materials and information
You must supply all materials and information required by us to complete the work in accordance with the Client Agreement. Such materials may include, but are not limited to, written copy, logo, photographs, graphics, video and other printer material.
The build of the website will not commence until all materials and information have been supplied. Where there is any delay in supplying the materials to us which leads to a delay of the agreed completion time, then HEADER ONE have the right to extend any previously agreed deadline by a reasonable amount.
If you wish to keep your current web hosting package, then you are required to release to HEADER ONE, the codes to the control panel within 10 working days of instructing us to commence your Website Build. No work can be started without access to the control panel, unless specifically stated otherwise in the Client Agreement.
5 – Variations
HEADER ONE will begin the Website Build by creating a home page/ first page (‘First Page’) which will show the suggested design, layout and colours of the website. You do have the opportunity to request a revision to the website design. However, HEADER ONE have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design per the Client Agreement.
Any major deviation from the agreed specifications of the Website Build, including but not limited to, the website design, text content, images and colour scheme, per the Client Agreement will be an additional charge of $50.00 per hour (exclusive of GST).
When you have agreed and accepted the First Page, HEADER ONE will suggest the layout and design theme of the other pages. When have you agreed to the layout and design theme, we will there after continue and build the rest of the pages.
If you fail to deliver the changes and the additions requested within the next 10 working days after receiving communication from HEADER ONE, we reserve the right to issue the final invoice of the contract.
6 – Hosting
If you already have hosting, HEADER ONE can build the website on that server. However, there is an extra fee of $100.00 for this service because web hosting companies have different control panels and routines, which means it can take longer to get started with some of them.
HEADER ONE work closely with a hosting company in Adelaide named dezyne.net and we highly recommend setting up hosting services with them. We will then help with the process. dezyne.net hosting fee for the standard package is $88 per year. You will be in contact with Joel Williams who sets it up and sends us the codes we need to get started.
HEADER ONE believe dezyne.net provide one of the best control panels with possibilities to set up as many domain name emails as you like and more. Joel Williams can also set up the domain name for the client and there is a fee of $22 per year for .com.au.
You will be the sole owner of the hosting package, your website and the domain name.
HEADER ONE has is a totally different entity to dezyne.net and has no ownership with the company. HEADER ONE will not be liable or responsible in the event of any loss or liability to the Client direct, indirect, or consequential, and for any 3rd party hosting issues or faults that may occur through dezyne.net. or any other hosting provider chosen including but not limited to if the website is off-line, server capacity issues, and/or website not being able to operate, a vital website feature is unusable, security issues and breaches that impair the day to today business operations for the client.
7 – Project Delays and Client Liability
Any timeframes that HEADER ONE give are contingent upon your full cooperation and supply of materials and information.
During the development phase of the website there will be regular feedback given in order to progress the website. There is an expectation that you will reply within 48 hours to requests from HEADER ONE in regards to feedback and/or additional materials or information that is needed. A failure to do so may result in a delay in the agreed timeframe for the website build.
8 – Approval of the website
On completion of the website you will be notified and have the opportunity to review it. You must notify us in the writing of any unsatisfactory points within 10 working days of such notification.
Any of the work which has not been reported in writing to us as unsatisfactory within the 10 working days review period will be deemed to have been approved.
Once approved or deemed approved, work cannot be subsequently rejected and the contract will be deemed to have been completed and the remaining fee of the invoice will be due within 7 working days. After the website is fully paid, it will be launched.
9 – Rejected work
If you reject any of our work within the 10 working days review period, or not approve subsequent work performed by use to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
10 – Payment
The invoice must be paid within 14 days from the date of issue.
11 – Late fees and charges
All outstanding invoices will incur a late penalty fee of 10% of the pending amount and an administration fee of $5 per month, from the due date.
Due date: is the date on which the payment is due as per the terms on the invoice. Outstanding invoice: an invoice is deemed to be outstanding if the payment is still due after 7 working days of the expiry of the due date.
Debt collection: a client is provided a further 7 working days after a late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount, which may be referred to a debt collector.
HEADER ONE will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the debt (debt collectors, administration charges, legal fees) will be referred to the client for processing.
If you are going to be late with your payment for a particular reason or have any queries regarding your invoice please contact HEADER ONE immediately on receiving the invoice or reminder emails, so that arrangements can be made.
12- Warranty by you as to ownership of intellectual property rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered business logos, names and trademarks, or any other material that you supply to HEADER ONE to include in your website or web applications.
13 – Use of the Website
Once you have paid us in full for the website, HEADER ONE grant you the right to use the website and its related software and contents for the life of the website.
The rights granted to you do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes.
In the event of a Webmaster change, the website owner is not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of HEADER ONE’s original work.
14 – Search Engine Optimisation
The Client understands and acknowledges the following for website development with SEO, SEO Reviews or SEO coaching:
- Successful search engine optimisation requires a large combination of performing factors on a regular basis, and over a long time including technical, on-page and off-page SEO to succeed in organic search.
- The Client acknowledges that SEO is governed by numerous factors which are beyond the control of HEADER ONE. Search engines are third party software, programmed with unknown algorithms and variables which can change at any given time.
- As part of a website development or SEO Reviews or SEO Coaching, we only perform the basics for on-site/on-page SEO work to our best knowledge, which is the first step of many in search engine optimisation, and making best use of the material provided, sourced, written or amended by HEADER ONE to build the website.
- The client acknowledges that HEADER ONE may add links, content, images and all relevant materials onto the Client’s website.
- The Client understands and agrees that website rankings may decrease. HEADER ONE will use its best on-page efforts, strategies and techniques to improve client’s website rankings, but it does not and cannot represent, warrant or guarantee that website rankings will increase.
- The Client acknowledges that HEADER ONE is not liable for any loss of business due to ranking as a result of the SEO work performed, and or due to ranking fluctuations caused by the search engines algorithm changes.
- HEADER ONE is not and shall not be responsible or liable for any loss of business due to ranking fluctuations and any negative changes made to the website by any third-party entities.
- HEADER ONE shall not be responsible nor liable for any consequences or any loss of business if the Client overwrites or overrides any services or work done by HEADER ONE to the Client’s website.
15 – Professional Consulting and Coaching
We may include Professional Consulting and Coaching (“Coaching”) as part of the Services. By participating, you are indicating you understand that Coaching is not a partnership (defined as an alliance, not a legal business partnership) between you and the Consultant/Coach in a thought-provoking and creative process that inspires you to maximise personal and professional potential. Coaching is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals, however, results are not guaranteed, and you are responsible for any decisions you make as a result of Coaching. Your further understand that as a specialised form of consulting, Coaching is not the same as professional or licensed therapy, legal counsel, or accounting even though personal, legal, and accounting matters may be discussed as it relates to you and your business. These conversations are not to be interpreted as legal, financial, or therapeutic advice. Furthermore, you are always free to reject any advice, suggestions or requests made by the Consultant/Coach at any time as it relates to your goals.
16 – Consequential Loss
HEADER ONE are not liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
HEADER ONE will not be responsible in the event of any loss or liability to a client after the website is being delivered including product failure, and or damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by the client or its customers.
17 – Non-Disclosure
HEADER ONE agree that we will not at any time disclose any of your confidential information to any third party.
18 – Additional Expenses
You agree to reimburse HEADER ONE for any requested expenses which do NOT form part of your client agreement including, but not limited to the purchase of templates, third party software, stock photographs and/or videos, domain name registration, web hosting or comparable expenses.
19 – Backups
You are responsible for maintaining your own backups with respect to your website and HEADER ONE will not be liable for restoring any client data or client websites.
20 – Courts of Jurisdiction
The client agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the law of South Australia. You and HEADER ONE submit to the non-exclusive jurisdiction of the courts in and of South Australia in relation to any dispute arising using these terms and conditions or in relation to any services we perform for you.
21 – Cross Browser Compatibility
By using current versions of WordPress, HEADER ONE endeavour to ensure that the website we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best-efforts basis, where any incompatibilities are found. HEADER ONE is not responsible or liable for any faults that are due to introductions of new internet browsers or new browser versions, changes to search engines. plugins, modules, upgrades or updates to software or hardware technologies.
22 – E-Commerce and any products, services, courses, training programs or digital experiences sold online
You are responsible for complying with all relevant laws relating to e-commerce and to the full extent permitted by the law will hold harmless, protect and defend and indemnify HEADER ONE for any claim, penalty, tax, tariff loss or damage arising from you or your client’s use of Internet electronic commerce.
HEADER ONE will not be responsible in the event of any loss or liability to a client during construction of the website, and after the website has been delivered including product failure, and or damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by the client or its customers.
HEADER ONE is not responsible for any loss of revenue, profit business opportunities, goodwill, or anticipated savings, indirect or consequential loss or punitive damages arising from the clients E-commerce website or selling any products, services, courses, training programs or digital experiences sold online.
23- Limitation of Liability
To the fullest extent permitted by law, all terms, conditions, representations or warranties whether expressed or implied or statutory or otherwise relating in any way to the service HEADER ONE provides are excluded, OTHER than the express provisions of these terms and conditions.