Service
1. Acceptance
NON — STANDARD will provide the Client with a written proposal and estimate or quotation by email. The acceptance of design and/or any other services offered by NON — STANDARD, by email, verbally or in writing, is deemed to be acceptance of these Terms and Conditions. An estimate validated by the Client's signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a binding contract between the signatory and NON — STANDARD.
2. Availability of NON — STANDARD services
By working with NON — STANDARD, you acknowledge that you are using third party web-based hosting platforms, presenting information from third parties, and that while NON — STANDARD takes every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance. NON — STANDARD retains the right at its sole discretion to deny access to part or all of the Service to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the Service may be interrupted, suspended, or terminated.
3. Transmission of information
NON — STANDARD does not control the Internet, or its security, or that of other networks you use to access the Services. NON — STANDARD is not, and cannot be responsible for the security of information that you choose to communicate with NON — STANDARD via the Services. Nor are we responsible for any data lost during transmission. For specific information regarding NON — STANDARD use of your personal information, please refer to our Privacy Policy.
Fees
4. Third-Party
By having design services provided by NON — STANDARD, you may agree to a one (1) month, twelve (12) month or twenty-four (24) month contract agreement with third party web hosting services, such as but not limited to; Wordpress, Kirby and Shopify. This agreement is between the client and the third party web hosting service. Should you need more information regarding the third party hosting services Terms of Service Agreement, please refer to their respective policies.
5. Payment terms
At the time of the Client's signed acceptance of the proposal estimate or quotation, indicating acceptance of the Terms & Conditions, the Client agrees to pay a 50% deposit of the quoted amount to commence any design project, a further twenty five (25%) progress payment will be due as agreed between the Client and NON — STANDARD, the terms for this progress claim, are also expected right away, with a 7 day payment term strictly monitored to continue project needs. The remaining twenty five 25% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials and files for commercial use. This payment is also expected right away, with a 7 day payment term strictly monitored to complete your project needs. Once research, resources allocated or design work has commenced on a project, the deposit is non-refundable. In the case of a change of mind by the Client this deposit is non-refundable. NON — STANDARD endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by the Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the initial design/research commenced on the project. All prices quoted are GST exclusive.
- 5.1. Accounts that are not paid within the prescribed payment term outlined on the account invoice will incur a late fee of 5% of the total project cost, per month. Future scopes of work cannot commence until late fees have been paid in full.
- 5.2 Charges for any additional services requested during the project that are over and above the estimated time or are out of scope, will become fully payable at the time of the final invoice or payment term.
- 5.3 Cancellation of a project may be made initially by telephone contact, or e-mail. The Client will then be invoiced for all work completed over and above the non-refundable deposit. The balance of the account due must be paid within 30 days.
6. Payment Fees
Payments may be made by direct deposit, credit card (Visa, MasterCard), debit card, or via Apple Pay. Fee’s related to Square’s payment systems will be absorbed by NON — STANDARD.
7. Billing errors
If you believe that you have been erroneously billed, please notify your third party hosting service immediately.
- 7.1. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to subscribe to such as but not limited to; Wordpress service, or any fraudulent reporting of an unauthorised charge to you on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for your use of the third party service remains outstanding, you shall be liable.
Information
8. What You Provide to Us
You are legally responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). NON — STANDARD is not responsible for your Content. By having a website designed and developed by NON — STANDARD, you hereby grant the chosen hosting service a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
9. Giving Us Access to Other Accounts and Services
Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
Agreements
10. Estimated Completion dates
Project estimated completion dates are outlined in each project proposal relative to the scope of deliverables outlined in the project proposal. Any indication of a design project's duration is to be considered by the Client to be an estimation. NON — STANDARD cannot be held responsible for any project over-runs, whatever the cause. When you commence a project with NON — STANDARD you agree that you have read all contracts and written agreements governing a project and its outlined estimated completion dates. When a project estimated completion date is exceeded, and the remaining work requirement is in excess of two weeks, the project will be paused. A new project commencement date and estimated completion date will be outlined and then signed off on by the client. The project will recommence when the remainder of the complete client deliverables have been handed over.
11. Alteration to Scope during Project
The Client agrees that changes required over and above the project proposal, or in addition to the agreed scope, or where the Client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. During the project period, the Client may request that NON — STANDARD develop enhancements to the concept or deliverables, at this point, NON — STANDARD shall exercise commercially reasonable efforts to prioritise NON — STANDARD's resources to create such enhancements. The parties understand that pre-existing obligations to third parties existing on the date of the request for enhancements may delay the immediate execution of any such requested enhancements. Such enhancements shall be provided on a time and materials basis by NON — STANDARD and pricing will be charged accordingly at NON — STANDARD's hourly rate. Such enhancements can be but are not limited to new content supplied, new design deliverables, new website content, copy writing, content management, website uploads, photography or illustrations. The Client also agrees that NON — STANDARD accepts no responsibility for any amendments made by any third party, before or after a design is published.
12. Cancelation by the client
You may cancel your Account in full, or any associated Subscription at any time by contacting your hosting provider, Wordpress, GoDaddy, Digital Ocean, Kirby or Shopify. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your Account or Subscriptions with Wordpress, GoDaddy, Kirby or Shopify. You hereby acknowledge and agree that if you cancel your Account or Subscriptions, the access associated with that membership will be removed, recommencing the project.
13. Affirmation of agreement
You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by commencing a project with NON — STANDARD. By authorising the use of your credit or debit card for payment of such charges and fees necessary to create an Account or purchase a Subscription through but not limited to; Wordpress, and for any other charges which you may incur.
Credits
14. To NON — STANDARD
The Client agrees to allow NON — STANDARD to place a small credit on printed material, exhibition displays and advertisements and/or a link to NON — STANDARD’s website on the Client's website. This will usually be in the form of a small line of text placed within a websites content. The Client also agrees to allow NON — STANDARD to place websites and other designs, with a link to the Client's site on NON — STANDARD's website for demonstration purposes and to use any designs for its own publicity and portfolios.
Questions
15. Enquiries
If there are any questions regarding these terms of service you may email us at [email protected]. If you have any questions regarding Wordpress' or other third party hosting services, Kirby, Digital Ocean, Shopify and their respective Terms, please refer to their Terms of Service.