Standard Terms and Conditions
Last updated: 16 Aug 2019
Last updated: 16 Aug 2019
All the terms and conditions in this document are valid unless otherwise explicitly stated (i.e. overridden) in the proposal that this document accompanies.
All the terms and conditions in this document are valid for, at a minimum, 1 year from the date of initial engagement of a new business relationship with Eastern Techno Solutions.
Notwithstanding the 1 year guarantee period in clause 1b (above), Eastern Techno Solutions reserves the right to update these terms and conditions, at any time and without notice, in accordance with the evolving needs of our business, and always with a view to strengthening our long term and mutually beneficial relationships with our valued clients.
In the unlikely event of significant, impactful changes to these terms and conditions, we commit to notifying all our clients via email about the changes, where the evaluation of what is “significant” or “impactful” is made by Eastern Techno Solutions.
The client understands and agrees that the customer’s active, prompt, and positive participation in the website design and development project lifecycle is a powerful contributing factor to the successful and timely delivery of the project.
Eastern Techno Solutions is committed to serve its customers and meet their needs and expectations in the design, building and support of web development and affiliated services using modern management, and modern web related technologies.
Eastern Techno Solutions is committed to continuing improvement of its services to achieve increased customer satisfaction as well as to ensure compliance with the requirements of the Quality Management System and its continuing improvement.
Eastern Techno Solutions will adhere to industry quality standards including those set out by W3C http://www.w3.org/standards/ . We monitor and adapt to any changes in guidelines.
We have significant experience with, and continue to work to, Web Content Accessibility Guidelines (WCAG) Level AA compliance http://www.w3.org/WAI/intro/wcag . We recognise that some projects require adherence to stricter standards (typically in the area of accessibility) than others, and will work with stakeholders to achieve the desired outcomes. In the event that adherence to a particular standard comes into conflict with other project deliverables, we’ll bring this to the attention of the client to seek guidance.
Eastern Techno Solutions does not rigorously or formally test the sites we design and develop in “all” Internet browsers for 100% compatibility. The list of different browsers, different versions of different browsers, and different platforms (PC, Mac, Tablets, Smartphones, etc.) is too massive to make testing economically viable for all possible permutations. Thank goodness for web standards. By coding standards compliant websites, we maximise the likelihood that your website will perform excellently on the widest range of modern browsers. In the unlikely event that a bug report is made of a specific failing of a website in a specific browser, we will collaborate with the site owner to evaluate an appropriate course of action, i.e. whether or not the estimated cost to fix it the issue is worth the return on investment. fyi: The current leading browsers are listed here: http://www.w3schools.com/browsers/browsers_stats.asp
All projects will undergo our own Quality Checklist as part of the final QA procedure on a project.
Eastern Techno Solutions’s contribution to every fixed-price project will be covered by a 3 month warranty period (see ‘Warranty’ section below for more details).
For existing clients, we aim for a 10 day turnaround for small jobs. From the moment we accept confirmation (and, if relevant and agreed, pre-payment) from a client to proceed with a web job (support, maintenance, upgrades, etc.) that has been estimated by us to take less than 2 hours to complete, we guarantee to complete the work within 10 business days. In the event we don’t achieve the work in 10 days, and on request, we can offer a discount of 25% off the agreed price. Please note that if there are 3rd party dependencies on us being able to complete the work (e.g. supply of photos, bank approval of a credit card merchant facility) then the 10 day period does not begin until all 3rd party dependencies have been satisfied.
We commit to being able to provide reasonable levels of paid service and support for your website for a minimum of 1 year from the signing of contracts. We hope and expect to be able to provide more than sufficient levels of service and support for your website for many more years than this. The reason for this provision is that IT is a very dynamic industry, and we reserve the right to change our technology preferences in line with what we believe to be in the best long term interests of Eastern Techno Solutions’s success and viability.
Where a failure or omission by Eastern Techno Solutions to comply with its obligations under this agreement, Eastern Techno Solutions’s liability, including its subsidiaries and directors, shall be limited to the correction of the goods or services supplied.
Neither party is liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Neither party is entitled to terminate this agreement in such circumstances.
Eastern Techno Solutions will maintain all appropriate company insurances – details available on request.
Except for 3rd party software or Time and Materials engagements (see below), Eastern Techno Solutions guarantees all work for a period of 3 months from client acceptance of the site going live, or 3 months after upgrade or maintenance has been done in the specific area where an error has been identified (whichever is the longer period). Bug fixing during this time period will incur no charge. Instruction to put a site live will constitute de facto client acceptance of the start of the warranty. After this time period, all bug fixes are chargeable in accordance with our standard hourly rates. Adjustments to website ‘features’, i.e. where no error or fault in the ‘as is’ feature is identified, are not covered by the 3 month warranty period.
Eastern Techno Solutions reserves the right to integrate 3rd party software (e.g. web services, discussion forums, credit card payment gateways) into your website, and will do so in good faith that the software is fit for the task and in the best interests of your business. However we offer no initial or ongoing warranty over 3rd party software, and should this software subsequently fail and/or require adjustment (e.g. to close a security hole) then our time to upgrade or replace the software is chargeable at our standard rates. Any such upgrades would be discussed and agreed with you in advance.
Whilst Eastern Techno Solutions may at its discretion implement monitoring systems in an attempt to alert us to software/hardware bugs or failures in the products and services we provide, the onus of responsibility to notice and promptly report bugs/failures in the system lies with the client and not with Eastern Techno Solutions.
Any training component of a proposal must be utilised no later than the expiry of the warranty period. Any requests for training after the warranty period has expired will be negotiated at standard hourly rates.
We reserve the right to alter our standard hourly rates at any time and without notice. Quoted rates are guaranteed ‘fixed’ until the work has been completed, including any associated warranty period.
After we have completely met or exceeded the specifications for your website, no refunds are given for any estimated hours not utilised for fixed price agreements.
With the exception of any Training component to our proposals, available hours may be moved between tasks (e.g. from Original Graphic Design to Project Management) without penalty.
“Rush Rates” will apply when:
A client requests that work be performed immediately or asap with little or no advanced warning. This requires Eastern Techno Solutions to re-assign team members from existing scheduled tasks. A loading of 50% on top of standard hourly rates will apply.
A client requests that work be carried out outside of normal business hours, e.g. weekends. A loading of 50% on top of standard hourly rates will apply.
When both i. + ii. (above) apply, then a loading of 100% on top of standard hourly rates will apply.
We will always endeavour to seek your explicit approval prior to commencing any work where rush rates will apply. This may not always be possible in mission-critical situations.
For miscellaneous service and support (which is not covered by, or included in, another other agreement) we charge standard hourly rates,and in increments of 30 minutes.
All projects will have some degree of “scope” documented into the project agreement. This may be documented entirely within the sales proposal (typically for smaller, simpler projects), and/or it may be documented within a standalone functional specification document. Scope is about both parties being able to understand and agree, in plain English (as far as that’s possible), on what’s included and what’s not included in a project, in all its facets.
Change requests that fall outside the scope (“scope creep”) are manageable, but the client agrees and acknowledges that, when this occurs, there will likely be an impact on the other major project variables of time, budget, and sometimes even quality. This impact must be assessed and agreed in advance of the change request proceeding. This assessment (analysis/consultancy) will be chargeable – either by utilising spare hours available within the main project, and/or as a separate billable item.
If something is not explicitly included in writing in the scope, then it’s explicitly not included. The onus is on both parties to feel comfortable that, using their respective areas of expertise (your business/industry knowledge, and our web/IT knowledge), the scope of a project has been sufficiently described in writing.
It’s the responsibility of both parties to refer back to the available/latest scope documentation when discussing requirements for the project. The client agrees to proactively acknowledge to Eastern Techno Solutions when new requirements being requested are outside of the current scope, and Eastern Techno Solutions agrees to bring out-of-scope requests to the attention of the client at the earliest opportunity.
Standard payment terms are 14 days
In agreeing to the commencement of a project, the client declares that they know of no reason why they will not be able to fully finance the project up to the agreed amount (fixed price or estimated) over the expected project time frame, and according to the agreed schedule.
Our standard project payment schedule, subject to negotiation on a per-project basis, is:
40% (of estimated project total) deposit. Payment to be received before work ‘proper’ begins.
20% part-payment invoice issued 1 calendar month after the above.
20% part-payment invoice issued 1 calendar month after the above.
20% final/closing payment
Should the project go ‘live’ in advance of the above schedule, then all outstanding invoices will be issued at this point, and due within our standard payment terms.
Failure by the client to make payments in accordance with the agreed schedule will result in suspension of work on the project by Eastern Techno Solutions until such time as payments are brought up-to-date.
The client may not under any circumstances suspend payments according to the agreed schedule unless Eastern Techno Solutions has demonstrably failed to fulfil its contractual obligations to satisfy the conditions under which the payments should be made. In the extremely unlikely event that Eastern Techno Solutions is clearly at fault in this regard, then the client agrees to resume payments as soon as Eastern Techno Solutions can demonstrate that it has fulfilled its contractual obligations.
Projects are deemed “finished”, and final invoices issued, when either
The client gives written acceptance of project completion, or
30 days have passed since we last requested client feedback on a project and no feedback from the client has been forthcoming.
If a client falls more than 60 days behind on a scheduled payment where Eastern Techno Solutions has demonstrably fulfilled its contractual obligations to satisfy the conditions under which that payment should be made, then Eastern Techno Solutions reserves the right to take legal action to recover this and all remaining payments to the full contractually agreed value of the project.
For all projects that have been inactive, through no fault of Eastern Techno Solutions, for more than 12 months, a reactivation fee of $2,000 will apply.
“Time and Materials” is an arrangement by which the client agrees to pay Eastern Techno Solutions for services rendered on the basis of hourly labour rates, plus any associated costs (e.g. hosting, domain names, etc.).
An explicit understanding of a Time and Materials engagement is that all the time of any Eastern Techno Solutions personnel associated with the project is billable including (but not limited to) meetings, consultancy, design, development, support, travel, project management, testing, post-live fixes/maintenance, etc.
Time and Materials can be either a pre-paid (discounted hourly rates) or a post-paid arrangement.
A Time and Materials approach can suit many different project types, but particularly:
Large or complex projects where precise quoting is challenging.
Multiple similar websites for a single client
Ongoing maintenance/support contracts
Where a large degree of ongoing scope flexibility is anticipated
Just like fixed-price projects, Time and Materials projects should still be scoped and estimated in advance of work commencing.
Just like fixed-price projects, Time and Materials projects are still project managed to ensure effective use of resources, quality, frequent reporting, and scope change management.
Subject to compliance with associated terms and conditions in this agreement, ownership of the website and associated material (code, text, graphics, audio, visual, etc.) does not pass to the client until full payment has been received by Eastern Techno Solutions for all products and services supplied by Eastern Techno Solutions.
Eastern Techno Solutions reserves the right to re-use (on other projects) any code developed for, or used in, the development and maintenance of your website.
Eastern Techno Solutions does not permit the client to on-sell any of the IP used in the development and maintenance of your website to any third party. However, the client may engage the services of another provider to make changes to the website should they no longer wish to partner with Eastern Techno Solutions for on-going maintenance of the site.
There are no ongoing fees associated with the ownership of the code except or unless explicitly stated in this or supporting agreements. This is most likely to apply to the use of 3rd party software, if indeed any is used.
In offering our services to you we are not excluded from offering our services to other organisations, whether competitive to yours or not, unless a separate (from this agreement) exclusive provider contract has been entered into. Dealings with all clients are kept strictly confidential, and we are under no obligation to reveal our client list to the public and/or to other clients.
Your website may make use of Eastern Techno Solutions proprietary code libraries which we reserve the right to protect by encryption. This does not prevent you from using the same code with another hosting provider.
For all web design projects, the first step is a design brief meeting, Subsequent to this meeting, Eastern Techno Solutions will present a single ‘Home’ page design proposal to the client, plus (if applicable) a single ‘internal’ page design proposal. The client is then entitled to request up to two batches of revisions to be made to the design proposal(s). If further revisions are required, these will be considered “out of scope”, and we will provide a quote for the additional work.
Original photographic work by Eastern Techno Solutions is not included, and can be quoted on separately if required.
Some projects may require photos and/or other multimedia content (e.g. audio, video) from online stock photography libraries such as www.istockphoto.com or www.gettyimages.com . Clients may purchase such content themselves at their own expense, or Eastern Techno Solutions can purchase them on behalf of the client. Any such charges incurred by Eastern Techno Solutions will be passed on to the client, and this will be discussed with the client in advance.
Original copy writing, or editing of text content provided by the client, is not included. If additional copy writing or editing is required, we’d be delighted to provide this service and can quote on this separately.
The client will supply all required material to Eastern Techno Solutions in digital/electronic format. Any requirement for Eastern Techno Solutions to convert non-digital material into digital material (e.g. scanning of photos, typing of hard copy letters) will be chargeable at our standard hourly rate.
Data entry or content population (e.g. adding of text, photos, videos, etc. to a website) by Eastern Techno Solutions staff is not included unless explicitly provided for in a proposal. Where Eastern Techno Solutions is requested to perform data entry or content population, this will only be provided on a strictly time and materials basis. Please always endeavour to supply all material in digital/electronic format.
The client agrees that the party providing the material for inclusion in the project shall be responsible for:
Obtaining all necessary permission, authorisation and/or licenses for the use of the material.
Payment of any royalties or fees associated with the use of the material.
Ensuring that the material is not offensive or unsuitable for people under the age of 18.
Ensuring that the material is not illegal.
Ensuring that the material is not in any way associated with fraud.
Ensuring that the material is not used to defame a person or company.
Ensuring that the material does not infringe intellectual property or any other lawful rights.
Eastern Techno Solutions agrees that where any dispute arises out of the use of materials provided by Eastern Techno Solutions, Eastern Techno Solutions indemnifies the client against any liability or claim by a third party. Similarly, the client agrees that where any dispute arises out of the use of materials provided by the client, the client indemnifies Eastern Techno Solutions against any liability or claim by a third party.
Eastern Techno Solutions builds websites with a view to maximising the likelihood of successful outcomes. However we make no predictions or guarantees about the commercial viability of a website venture. Success is the result of multiple factors, a great website being one of them. In the event that our opinion on the commercial viability of a website venture is asked for, then our opinion should be obtained in written form and authorised by a company representative. This opinion should be weighed against advice from other expert consultants such as accountants, business advisers, entrepreneurs, marketing firms, etc.
Unless you request otherwise, we reserve the right to showcase or promote your website to others as an example of the quality and diversity of our work.
Eastern Techno Solutions will build your site with a high degree of ‘search engine friendliness’ in mind that will probably result in your website appearing in a favourable position in the major search engines on relevant keywords. However, there are many complex and frequently changing factors that determine your site’s ranking in the search engines; therefore we make no guarantees or promises whatsoever about the position your site will appear, for any search word or phrase, in any search engine, at any time after the ‘live’ date. Where ‘high online visibility’ is important to your organisation, Eastern Techno Solutions strongly recommends that you talk with us about our Search Engine Marketing (SEM/SEO) services.
Eastern Techno Solutions will build your site to be ‘mobile responsive’. This means that it will present and perform well on mobile devices such as tablets and smartphones. DISCLAIMER: due to the huge number of mobile devices (esp. with regard to screen size, dimensions and the version of the software they are running) it’s effectively impossible for your website to display and function perfectly on all devices, current and future. If you identify a device that your website is not displaying and/or functioning sufficiently well on a specific mobile device and you’d like us to take remedial action, then please note:
We will charge by the hour to perform this work.
Optimising your site for one device runs the risk of de-optimising it for another device.
Eastern Techno Solutions welcomes the opportunity to take on the responsibility of managing (purchasing, renewing, updating, selling) one or more domain names on your behalf, but you’re welcome to self-manage this and/or delegate to another 3rd party.
Eastern Techno Solutions is not responsible for the correct configuration or renewal of domain names that are not in its domain name management portfolio, and will charge standard hourly rates if assistance is required with domain names registered outside our management portfolio.
Your website hosting service with Eastern Techno Solutions attracts an annual fee. The fee covers all the human and technology systems necessary to keep the server – and the sites hosted on it – up and running smoothly 24/7, or as close as reasonably possible to this. Such systems include server backups, monitoring, connectivity, hardware, software, power, cooling, etc. If/when service and support for your website is required from a website hosting perspective, our time is not billable if the issue in question is affecting all sites on the server (e.g. hardware failure, connectivity issues, operating system upgrades, etc.). Conversely, if the required service and support relates specifically and only to your site (e.g. configuration changes such as DNS, MX or domain registry, or responding to a hack attempt of your site) then our time is billable.
Uptime. No hosting service on the planet guarantees 100% uptime. We target a minimum of 99.95% uptime for all our hosting servers, which is less than 5 hours of downtime per year. Note that downtime when it does occur is often due to scheduled maintenance that requires a server restart, as opposed to a fault or malicious attack. On the rare occasions that your site is detected or reported as being ‘down’ (unavailable), we’ll work as quickly and diligently as we can to get it back up and running as soon as possible using all available resources. There are multiple reasons why a website might appear down – some within our direct control to resolve (e.g. software bug on our hosting server), other less so (e.g. Internet connectivity problems with your local Internet Service Provider). A site or server under very heavy load (lots of people – or robots – visiting it at the same time) can cause the site or server to go down. If you are aware of any reason why your site is likely to come under very heavy load at a certain time, then please bring this to our attention at your earliest convenience.
All the websites we host are, at a minimum , backed up in their entirety daily, weekly, and monthly and are housed in secure, state-of-the-art data centres.
At least one backup will be stored off-site, i.e. in a location other than the data centre where your website operates from.
The daily backup overwrites the daily backup from the previous day. The weekly backup overwrites the previous weekly backup, and the monthly backup overwrites the previous monthly backup, i.e. we maintain at least 3 backups of your site at any given time.
Depending on when a restoration from a backup of all or part of your site is required, the oldest backup will be anywhere from a few hours to 1 month ago.
Whilst we take all reasonable care to ensure the integrity of your site and these backups, we cannot give a 100% guarantee of total data integrity in perpetuity. All our website hosting accounts come with a control panel that facilitates on-demand downloading by our clients of their entire website hosting account(s) and we recommend you use this service. Please discuss with us if you’re interested in additional backup systems over and above those described above.
Depending on the reason that a total or partial restoration of your site is required from backups, we reserve the right to charge for our time to manage the restoration process.
If/when your hosting service is terminated with Eastern Techno Solutions, you should assume that all related backups are deleted as well.
We do not offer email services that are hosted on Eastern Techno Solutions’s infrastructure. For clients requiring email hosting services – because you are a new company and/or you wish to change from your existing service (e.g. Microsoft Exchange Server) – we strongly recommend Google Apps for your email services and so much more. Eastern Techno Solutions uses Google Apps, and we are an official Google Apps reseller. More information available on request.
Eastern Techno Solutions makes no guarantees whatsoever that your website can be quickly and easily moved from our hosting services to those of another hosting provider. It may be a simple process, it may not. This will be largely dependent on:
The technical complexity of your site.
The competence of the technicians supporting the destination web server.
The existence or otherwise of appropriately configured software on the destination web server
If our assistance is required to move your website to another provider, then our time to perform this service is chargeable at our standard rates. We reserve the right to require payment of a bond by the client prior to support of this nature being supplied. The bond will typically be AUD$500, more for larger, complex sites. Support hours will be deducted from this bond at standard hourly rates, and any remaining balance paid back to the client when our support services are no longer required..
No refunds are given for sites that are migrated away from Eastern Techno Solutions hosting services prior to the end of their Eastern Techno Solutions hosting contracts.
Invitations to renew your website hosting services with Eastern Techno Solutions will typically be sent 3-4 weeks prior to the expiry of the current hosting period. In the event that hosting fees are not paid in full prior to the renewal date, your hosting account will be suspended. There is an additional reactivation fee of $160 per site once full payment is received after the renewal date.
Bandwidth and Storage. Eastern Techno Solutions offers variously priced website hosting packages. These packages are primarily differentiated by data storage and bandwidth (data transfer) requirements. For website hosting accounts approaching their monthly bandwidth and/or storage limits, advice emails will automatically be sent to the contact email addresses associated with those hosting accounts. Should one or both limits be exceeded during the course of a month, Eastern Techno Solutions will *not* suspend your website hosting account (because this would be bad for your business!). Instead, we will automatically upgrade your account to the next package up, and issue you a pro-rata invoice to cover you until the next hosting billing cycle. Should you require our help to attempt to adjust your website to reduce your site’s bandwidth and storage usage, please be advised that our time is chargeable at standard hourly rates. Generally speaking, our advice is that it’s much more cost effective to pay the additional fee for the higher website hosting package, than it is to spend time trying to get your bandwidth and storage usage down. The average annual difference between hosting package prices is about $200. Generally speaking, increased bandwidth requirements for your site means that it is getting more popular, which is a good thing.
The billing cycle for the hosting accounts of new under-development websites begins when the first version of the site is presented to the client for review.
In the event that spamming activity (sending of unsolicited email) is detected on a hosting account, our standard procedure is to:
Shut down the source of the spamming, which may include changing of cPanel and/or POP account passwords.
Clear the queue of any spam email still waiting to be sent.
Notify the hosting account owner of our actions.
Both the client and Eastern Techno Solutions agree to take all reasonable steps to protect the integrity of all usernames and passwords that are used or exchanged in the course of the business relationship.
As a general guideline, passwords should be hard to guess, e.g. at least 6-8 characters, with a mixture of letters (upper and lower case) and numbers. The same password should not be used to access multiple systems.
Eastern Techno Solutions will typically require requests for the issuing or resetting of passwords to be received in writing from the client, either by email from a recognised company email address, or by written requests on headed company notepaper.
Wherever possible and practical, Eastern Techno Solutions prefers to store passwords in an encrypted format that not even we can decrypt. Any requests from clients for the retrieval of such passwords will necessarily require that new/different passwords be generated and issued.
Eastern Techno Solutions will use it’s discretion when accepting (or otherwise) requests for passwords from persons in the client’s organisation. If the client wishes to limit such requests to only certain persons within their organisation, then the onus is on the client to bring this restriction to our attention.
No website is 100% impervious to hacking in perpetuity, despite our best efforts from a coding, patching, and server security perspective. “Hacking” is the malicious interference with your website and/or related services by unauthorised personnel, which may or may not exhibit itself with signs of visual defacement and/or altered functionality such as the implantation of a virus that may infect the hosting server and/or the devices of visitors to your website. In the event that hacking is detected or reported on a website that we host, and irrespective of whether or not Eastern Techno Solutions is the primary developer for the site, please note that our time – if required – is billable to a) repair the site (perhaps by restoring from backups), and b) work to find and close the security loophole(s) that allowed the hacker to gain unauthorised access. We reserve the right to suspend hosting accounts – and without prior notice to the account owners – that we have reason to believe have been hacked and that pose a security risk. We will bring hacking activity to the attention of the account owner at the earliest opportunity.
Eastern Techno Solutions Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors.
As a client of Eastern Techno Solutions you may not solicit Eastern Techno Solutions staff to perform work for, or offer services to, your organisation outside of your business relationship with Eastern Techno Solutions, i.e. “on the side”. This is a breach of trust between your organisation and Eastern Techno Solutions, and a breach of contract by an Eastern Techno Solutions employee should they perform such work or offer such services to existing clients because of the potential for conflicts of interest.
Any Eastern Techno Solutions clients identified as engaging in solicitation of this nature to Eastern Techno Solutions staff members risk instant termination all services provided by Eastern Techno Solutions.