3Bellas Web Design, ABN 82, 473 779 874, is owned and registered by Jacqueline James, PO Box 67 Hopetoun VIC 3396
8 March 2021
The Terms and Conditions set out below constitute the agreement between the client (You) and 3Bellas covering our range of services:
- Wed design
- Web redesign
- Web rebuild
- Web care
3Bellas Web Design at all times will comply with Australian Consumer Law for Business services, and you can read more here about your rights and obligations as a consumer on the ACCC website.
- We guarantee that we will provide the required services with the utmost care and to the best of our ability and knowledge.
- We guarantee that we will deliver your website fit for the specified service.
- We guarantee that you will never be delivered a website that does not meet your requirements.
- We guarantee that we will deliver your website within a reasonable timeframe of 4 to 6 weeks. Provided we have all the information, content, images and finalised plans from you to do so. We cannot be responsible for delays with receiving content, images, design changes/layouts from you, the client, which will inevitably push out any agreed timeline.
3Bellas accepts liability for the supply of the service to You to the extent of what is provided in this agreement.
3Bellas does not warrant the following:
- That the services provided in this agreement will be error-free.
- External hacking attempts, viruses, worms, malware, SPAM, trojans or other attacks may occur.
- No written or oral information or advice is given by 3Bellas or subcontractors to You. This in itself shall create a warranty other than what is written in these Terms & Conditions.
- 3Bellas Web Design is not liable to you for any loss of business, contracts, online sales, profits, or any indirect economic loss resulting from delivering the final website.
- If we have not built your website but taken over from a previous business that built and/or maintained your website, we cannot provide any warranty with work they have previously undertaken.
For a new website, rebuild or redesign services, the following will apply:
- A deposit of 50% of the total agreed price to be paid on receipt of the invoice before any work commencing.
- The second payment for 25% of the total fee will be required to deliver the draft site to specifications and be due and payable 7 days from the date of invoice.
- The final payment of 25% of the total fee will be required to be paid before the delivery of the final agreed site.
Scope of Works
We provide a scope of works as outlined in our quotes. Once accepted by the client. This forms the work to be undertaken.
Any work outside of the accepted quote will be charged at an hourly rate and will be in addition to our agreed quote.
Website Maintenance (Web Care)
- All web care packages are paid in advance.
- Web care packages can be paid yearly or monthly.
- Web care is not mandatory for all website builds, but it is highly recommended you take one to protect your investment.
- If paid monthly, all web care packages are due and payable within 7 days of the invoice date.
Should you decide that you would like to cancel your web care package, you can do this at any time. Your web maintenance will continue until the end of the paid-up period.
- No refunds will be given if you change your mind about continuing with 3Bellas regardless of where you are up to in your website’s payment structure.
- Should you decide that you want to put your rebuild, redesign or new website on hold, it will remain in abeyance until you continue to finalise payments and work can recommence.
- 3Bellas may, from time to time at our discretion, consider a partial refund for non-profit or charitable institutions.
- We are unable to offer a refund on the following services as they are via 3rd party suppliers and require payment at the time of set up:
- Domain names
- Web hosting
- SSL certificates
- Software licenses and plugin purchases
- Custom Programming and web-related services
From time to time, we may need to share your details with third-party applications needed to help in the successful delivery of your project. Such information may be shared as your name, business name, and or email address.
Use of Identity
You agree to allow 3Bellas to use your business name, logo for inclusion on our portfolio to identify you as a client. Or where a testimonial has been received personally or via Social Media or any public domain, we can include that in our website’s testimonials. We may also, from time to time, share your testimonial on our social media platforms. Facebook, Instagram or Linkedin.
You have the right to withdraw this permission.
Once your final payment is received, full ownership of the website, management (if no web care package has been selected) transfers to you. You are responsible for maintaining your website.
You retain full ownership from conception to finalisation of any content, images, materials, including any documents you provide.
You will take all reasonable steps to ensure that You have provided on your website all relevant warnings if any or all of your content is not suitable for children or any person under the age of 18 and that your content is relevant for the purpose it is intended and that You comply with all applicable laws and relevant industry policies.
Your material/content may or may not be limited to:
- PDF files
Your content must not be unlawful in any way or infringe on any third party rights. That any images you provide for your web project are provided because you have the right to do so.
You allow 3Bellas the right to resize any graphics as we see fit to ensure they fit and look good on your project.
Should you organise web hosting via 3Bellas (we use an Australian Company using Australian servers), you will pay an annual subscription fee. Should you, for whatever reason, not continue to pay your yearly renewals, your website will be closed until you continue your hosting or move to another web host.
You are solely responsible for all the user content, media, graphics, events. You are solely responsible for complying with all legal obligations as to the use of your eCommerce website. You also acknowledge that you own all content and are not in breach of copyright or IP infringement laws.
That you are also responsible for all taxes and fees relevant to conducting your online business.That you are responsible for and bear all costs related to delivering your end product and adhere to relevant industry standards for the delivery of your product.
3rd Party Providers
From time to time it is relevant to bring in a 3rd party supplier to complete a specific task for your site. This will be included in your quote.
If however, a need arises that is not part of the original scope of works, then the expense of any 3rd party provider will be passed to the client. You will be informed if this is the case and you can make the decision to continue with the unscoped works or not.
Should you decide to continue with unscoped work then you will be liable for the costs incurred in using the 3rd party supplier.
Depending on the nature of your redesign, rebuild or new website, You may need to purchase plugins or extras required to meet certain functionality of your website. These will, where possible, be included in your plan or at the very least discussed with you before purchase. These products may have a monthly subscription or annual subscription. Failure to continue to pay for any premium products used in the redesign, rebuild or creation of your new website will see aspects of your website fail.
- 3Bellas is not responsible for any ongoing payments or subscriptions for your website made to your suppliers.
- 3Bellas will do its utmost to recommend that your website has the required security to protect your data and IP.
- 3Bellas will take all reasonable care to protect your data, content, materials and files supplied by you to be uploaded to your website. We are not responsible for keeping back-ups or storing your data, content, or files supplied by you to upload to your website.
You will have unlimited email access to 3Bellas, and our responses to your emails will be per our office hours. You can book a call here, or and we can arrange a Zoom call to discuss certain aspects of your project.
You can expect a response to your email within 24 hours.
If we contact you requesting information, content, images, material. We would expect to hear back from you via email within 48 hours. We understand that sometimes you may not have what we are looking for, but acknowledge that you have at the very least received our email is expected.
Communications received outside of our office hours will be responded to on the next business day.
- Monday to Friday 9 – 5 pm
- We are closed on all Australian National and Victorian Public holidays.
3Bellas cannot guarantee the service or reliability of any of the third-party applications used in the development or ongoing subscription of your web build.
3Bellas cannot guarantee the reliability of your internet service, computers used, or data breaches resulting from malware, viruses, hacking or other illegal mining of information.
Breach of Copyright & Intellectual Property
3Bellas does not in any way condone any breach of copyright or breach of intellectual property if what you provide is not yours or you do not have permission to use it don’t. You are responsible for obeying all laws governing copyright and IP. 3Bellas reserves the right to ask you about any content or images you submit for your website build.
Either party has the right to terminate any project or web care package at any time by providing 7 days written notification of termination. Acceptable written communication in this instance is via email or our contact page. Should 3Bellas wish to terminate your project, we will contact you in writing via email to your nominated email account.
Complaint Handling & Resolution
3Bellas will do their utmost to ensure any complaints are acknowledged and handled with empathy, and we will work with you to reach a suitable conclusion.
Should you have a complaint about 3Bellas, please email us here.
General Advice Warning
The information provided on this website is of a general nature only and has been prepared without considering your objectives, financial situation or needs. Before acting on this website’s general information, please consider the appropriateness of the information provided by having regard to your own objectives, financial situation, and needs.