Terms
of Service.
All
services provided by Hollowpoint Pty Ltd are subject to
the following terms and conditions.
Quotes
& Contracts
Quotes provided to prospects will be honored for 30 days.
A new quote will then be provided upon request. Contracts
that have been written, but not signed by the client will
only be accepted within 30 days of the delivery date. A
new contract may be drawn up upon request.
Charges
& Fees
All new web design projects that are $1000 or less require
full payment upon contract signing. Projects where the total
cost is between $1001 and $5000 will be split into two payments.
An initial 50% deposit will be due at contract signing.
The remaining 50% balance will be due upon acceptance of
the completed web development project before it is released
to the client or published to the internet.
All
new web design projects that exceed $5001 will be split
into multiple payments as quoted. An initial deposit will
be due at contract signing, other payments as per the quote
will be due at certain stages, with the final balance will
be due upon acceptance of the completed web development
project before it is released to the client or published
to the internet.
Hollowpoint
Pty Ltd retains the right to hold all graphics, and project
development with the exception of content and graphics provided
by the client, until payment is received for such items.
(see copyright & ownership clause)
Payments
Hollowpoint Pty Ltd accepts payments via EFT (Internet Banking/Direct
Deposit) or Direct Debit only. Payment by any other form,
unless agreed to by Hollowpoint Pty Ltd, will be rejected.
Your project will not be released to you or uploaded until
full payment is received.
Hours
of Operation
Our business hours are 8am to 6pm AEST, although we provide
levels of support to select customers outside of these hours.
If you require maintenance after the posted hours, such
as on weekends or holidays, you may be charged a fee, which
will be disclosed prior to us doing any work.
Web
Site Design Credit
All Hollowpoint Pty Ltd custom web design clients will have
a Design by Hollowpoint link on their website in the footer
of every page, unless otherwise mutually agreed between
Hollowpoint and the client. This link may NOT be removed
without our consent. Should you have a new layout designed
for your site by a company other than Hollowpoint Pty Ltd,
you may remove the credit from your website.
Copyright
& Ownership
Upon completion of the project, Hollowpoint Pty Ltd transfers
ownership of the website to the client. Software and third
party graphics or programs are not transferred to the client
and remain under copyright of their respective owners. Hollowpoint
Pty Ltd retains copyright over source files unless otherwise
stated.
Hollowpoint
Pty Ltd reserves the right to resell or use custom designed
web sites that remain unpaid by the original client, unaccepted
mockups or other graphics created by Hollowpoint Pty Ltd
but not in legal use by the client.
Hollowpoint
Pty Ltd reserves the right to display websites and graphics
that have been designed by Hollowpoint Pty Ltd on their
website, and in any marketing material to aid as examples
of our work.
Refunds
Hollowpoint Pty Ltd requires a deposit before we begin work
on any project. A request to terminate services must be
presented to Hollowpoint Pty Ltd in writing or via email.
If we fail to complete your project within 28 days of the
quoted deadline AND you have turned in all content, images
and information requested by us, you will recieve a full
refund within 30 days of your written request. Otherwise,
please follow the refund terms below.
Refund
Amounts will be calculated in the following ways:
A
cancellation fee of 20% (twenty percent) of the total deposit
paid will be retained for projects that have been booked,
but cancelled prior to the start date.
A cancellation fee of 50% (thirty percent) of the total
deposit paid will be retained for projects that have been
started and are in the design process.
A design fee of $500 will be retained on projects where
the design portion of the development has been completed,
and the client has accepted the design, but whereas the
development process of the project has not begun. (Upon
payment, the design will be released to the client for use,
see copyright & ownership clause)
Projects that are in the development process at the time
the request for termination is received will not be refunded.
Should the amount of time put into your project be greater
than the deposit you have paid to Hollowpoint Pty Ltd, you
will be billed the difference. Upon payment of these fees,
the work completed up to the time of termination will be
released to the client.
Refunds will be processed within 30 business days of request
by the client, if there is a refund amount due based on
the terms above.
Chargebacks
Hollowpoint Pty Ltd will not negotiate chargebacks with
any person or company. Our Refund policies are clearly stated
above, and all clients are asked to read and agree to our
terms of service prior to the start of any project.
Development
& Delivery
Hollowpoint Pty Ltd understands the importance of completing
projects in a timely manner. We agree to complete the web
design project within 28 days from the estimated and quoted
deadline date.
Non-Communication
If we are unable to communicate with a client on a project
for a duration of at least sixty days (60) by phone or email
during the design and development process, the project will
be canceled without prior notice and no refund will be issued.
Liability
Services purchased from Hollowpoint Pty Ltd are provided
"as is" without warranty of any kind that the
web design project will be uninterrupted or error free.
In no event shall Hollowpoint Pty Ltd be liable to the client
for any direct, indirect, special, punitive, incidental,
or consequential damages arising out of the use of the website,
services, and/ore goods provided to the client. This includes,
without limitation, lost profits, business interruption,
loss of data or other losses directly resulting from the
use of the website, services, and/or goods provided to the
client. The entire risk as to the quality and performance
of the web design is with the client.
International
Customers
We are happy to accept projects from customers outside of
Australia. However, we do require full payment of all projects
prior to beginning your project via international bank transfer.
This is non-negotiable.
Project
Consideration
Please note that we will not accept projects that we find
morally questionable, unethical, or distasteful.
Notice:
This Agreement shall be governed by and construed in accordance
with the laws of the State of Queensland, Australia.
Acceptance
Please note that by submitting your downpayment for our
services you are agreeing to all of our terms of service
as written here. Hollowpoint Pty Ltd reserves the right
to change or update these terms at any time without prior
notice, notwithstanding that clients who have signed up
shall be governed by the terms to which they agreed to at
the time of signing.
Please
note that the Terms of Service contains the terms under
which Hollowpoint Pty Ltd shall supply a product or service,
and signing the agreement constitutes acceptance of both
the terms of service and also the terms of any signed agreement.
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