1. Terms and Conditions
1.1 You agree and continue to agree to use the Services in a manner consistent with all applicable laws and regulations and in accordance with these Terms.
2. Proposals (Quotations)
2.1 Proposals are estimates based on the original brief provided by the Client. Quotations can be subject to change upon sighting of artwork, required functionality or other circumstances that may affect the job.
2.2 Proposals, unless specifically outlined, do not include couriers, stock imagery, copy-writing or other ‘out of pocket’ expenses.
2.3 Proposals are only valid for 30 days from date of issue.
2.4 Our standard Proposals allow for 3 meetings (i) pre-project brief and discussion and (ii) presentation of concepts and final training (if required). Additional meetings outside of this scope will be charged at the hourly rate of those attending unless otherwise stated.
3. Services
3A. Website Design
3A.1 Website design services are provided as in the Proposal provided by Loaded. An approximate schedule is provided at the time of the Proposal. Failure to provide required material or other items within the specified time will delay the project.
3A.2 If you discontinue the development of the website at any stage prior to completion, you are also responsible for any fees associated with the development of the website up to the point of termination.
3A.3 In the event that your website goes down after the launch of the website (and it is hosted on a website server other than a preferred Loaded server), we are not responsible for bringing your website back online. Work to correct any aspect is charged at our then-current hourly rates.
3B. Website Accessibility
3B.1 Loaded will develop your website to work with the common latest internet browsers at the time of the build and these will be outlined in the Proposal. Older browsers may not support the technologies implemented. If you require the site to work in browsers outside the proposed browsers, and you did not make Loaded aware of this, work to correct any aspect is charged at our then current hourly rates .
3B.2 You understand that browsers constantly change and the site is not be guaranteed to work in any new browsers or browser versions launched after the start the project. You agree to release us and any employee, owner, or director of Loaded from being liable for any wages, cost, or loss of business due to any incidents and/or issues relating to any browser updates. Work required to correct and update these the programming for newer browsers will be performed at our then current hourly rates.
3B.3 You understand that third party technologies and scripts used by Loaded may become obsolete or unsupported by their developer during the sites life span. You agree to release us and any employee, owner, or director of Loaded from being liable for any wages, cost, or loss of business due to any incidents and/or issues relating to any non functioning scripts during the sites life span. Work required to correct and update these technologies and scripts will be performed at our then current hourly rates.
3C. Website Hosting Services
3C.1 Loaded uses third party services for web hosting. Loaded has selected our hosting partners carefully but are not held responsible where the failure results from:
(a) A failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
(b) Your act or omission (or a person under your direction or control);
(c) during scheduled maintenance windows and any emergency maintenance and upgrade work;
(d) unauthorised or illegal access by any party to any party of the computer systems used to provide the Services including hacking, cracking, virus dissemination and denial of service attacks;
3C2. If you host on your own servers, Loaded is not liable for any on going maintenance and management and any issue arising from servers, work is charged at our then current hourly rates with a one (1) hour minimum.
3D. Search Engine Optimisation (SEO)
3D.1 Loaded will undertake basic optimisation of your website as per best practise techniques at the time of development.
3D.2 You understand that SEO does not guarantee results and that results can vary based on your website history, business type and many other factors. You agree to release us and any employee, owner, or director of Loaded from being liable for any wages, cost, or loss of business due to any incidents and/or issues relating to any search engine’s actions.
4. Corrections and Alterations
4.1 Each project includes provision for two sets of alterations to the initial design concepts we provide.
4.2 If further alterations are requested, resulting in any further drafts being supplied, the additional work will be charged at our then current hourly rates.
4.3 Should there be a change of direction or new design requests that differs from the initial brief, additional fees will be payable according to time and materials involved. Any new functionality changes or interactive changes requested will also be subject to additional fees. We will notify you of this and any additional costs where applicable will be provided. We will notify you of this and any additional costs where applicable will be provided.
4.3 Loaded expects that provided content is final and signed off. Should there be any changes to supplied material or additional content supplied, fees will be payable according to time required to facilitate changes. We will notify you of this and any additional costs where applicable will be provided.
4.4 Loaded reserves the right to not service work we produced that is considered out-of-date and or obsolete by industry standards.
5. Ongoing Content Maintenance and Updates
5.1 All ongoing work undertaken by Loaded is charged at our hourly rate and has approximately a three (3) business day turnaround time with a one (1) hour minimum charge.
5.2 Retainer contracts will have content changes administered 1-2 business days after requested and charged at an agreed hourly rate.
5.3 Once a project is launched, Loaded provides 2 weeks of maintenance and support as required for the client within the scope. Work extended beyond this time is charged at an hourly basis as outlined above.
6. Payment Terms
6.1 A non-refundable deposit of the quotation is required on acceptance of quotation and prior to commencement of project unless otherwise specified.
6.2 Payment terms are stated on the invoice and full payment is required prior to release of artwork or delivery of the project.
6.3 When a project extends 30 days past the commencement date, Loaded reserves the right to issue you with a progress invoice for the work completed.
6.4 Loaded reserves the right to employ the services of a debt collector in the event that any Project fees remain unpaid 30 days after they were due. We reserve the right to recover any costs associated with recovering this debt.
7. Suspension or Cancellation of Services
7.1 You expressly and irrevocably agree that Loaded reserves the right to suspend or cancel any or all of the Services if:
(a) You have any outstanding invoice.
(b) You fail to comply with any provision in these Terms.
(c) There is evidence of illegal, fraudulent, defamatory or offensive activities.
7.2 If your account is cancelled:
(a) Loaded may delete all work/data on file.
(b) You release us of any claim arising from suspension, cancellation or termination of any of the Services.
8. Warranty, Disclaimers, Liability and Indemnification
8.1 You agree that use of the Loaded services is at your sole risk. While we take all reasonable steps to investigate and support the materials we recommend, we accept no responsibility for the quality of or performance of materials or any consequential loss arising from their failure.
Loaded reserves the right to use the services of sub-contractors, agents and suppliers and any work, content or services.
9. General Provisions
9.1 Access to our Services may be terminated at any time by us without notice. Our terms and disclaimers will nevertheless continue after any termination.