Terms & Conditions
Rich-Media has been operating in its current form since March 2001. While we strive to be fair and reasonable, the litigious nature of today’s world requires us to provide detailed terms and conditions for our projects, which you can find below. Any specific terms that override a section of these conditions will be outlined in the quote or proposal.
Mutual Agreement: This agreement is between Rich-Media (ABN: 53 953 525 001) and you. Our relationship is limited to the project quoted, with no ongoing obligations. Rich-Media operates independently on a per-contract basis. Even in large projects with many updates, Rich-Media remains a separate entity, and you are not responsible for any superannuation or similar employment law requirements.
Jurisdiction: All contracts are governed by the laws of Australia and Queensland, regardless of the location of our director, you, or your agents at the time of acceptance.
Summary:
- We are engaged to build a project according to the supplied specifications for a fixed price or, in the case of a ranged estimate, to complete the project and invoice based on the time and scope changes requested.
- Our quote reflects a balance of achieving good results with value for money. Not every component is custom-built or follows absolute best practices to keep costs reasonable.
- Assumptions are made based on what is “standard” or “common” user interface or practice.
- Our financial liability is limited to the price of the project undertaken. We cannot guarantee third-party code or suppliers, whether recommended or otherwise.
- We provide a 30-day warranty for issues, but legitimate problems may be fixed beyond this period at our discretion. This warranty does not cover issues caused by third-party changes after the project’s completion.
- Ongoing maintenance, such as updating WordPress, plugins, themes, PHP, and ensuring browser compatibility, is not included in the initial project unless specified.
Copyright: You guarantee that any elements you provide for inclusion in the website, such as text, graphics, or other artwork, are either owned by you or you have permission to use them. Rich-Media assembles projects using a combination of public plugins, code snippets, and custom code. You receive copyright to the “overall combination” of the project, not to the individual components.
Confidential Information: We take reasonable security measures to protect any confidential information you share during the project. However, absolute security cannot be guaranteed, particularly in the face of hacking risks. Customers are encouraged to remove access provided to Rich-Media once a project is complete.
Advice: We may provide advice on third-party providers as a courtesy, but it is your responsibility to research and make the final decision. Our recommendations are based on past experience and public information, not exhaustive reviews.
Warranty: We provide a warranty on custom code, components not meeting project specifications, and products that fail within 30 days of project completion. No warranty is provided for third-party providers, code, or components beyond our control. The warranty is void if third-party changes are made without our consent or if the project is used in ways not intended.
Service Level Agreement: We prioritise changes and fixes based on their severity and impact on the website. While we strive to resolve urgent issues on the same business day, no timeframe guarantee is provided. Preventative measures, thorough testing, and appropriate development timeframes are recommended to minimise errors.
Timeframes/Deadlines: We aim to set realistic timeframes based on the work required, but delays can occur due to various factors. Reasonable delays are not grounds for contract cancellation or financial penalties. However, extreme delays may be grounds for paying only for work to date and canceling the contract.
Changes and Revisions: The initial quote is based on the work needed to achieve your stated goals. If additional work is required, it will be quoted and billed separately. These changes may affect the original deadline.
Liability: We cannot guarantee error-free functionality and are not liable for damages arising from website operation or third-party access to data. Our work reflects good faith efforts, but we use existing solutions to save time and money, rather than custom, audited code.
Maintenance and Ongoing Support: Once the project is completed to the original specifications, there is no ongoing obligation by either party. Any future site-related issues or updates will be billed separately.
Conflict Resolution: In the event of a disagreement, open and honest communication is appreciated. We prefer to resolve conflicts through discussion rather than legal action.
Communication: We handle project communication via email and scheduled online meetings. Unscheduled phone calls, texts, or instant messages are not supported due to our distributed team setup.
Assignment of Work: We reserve the right to assign employees or subcontractors to ensure quality and timely completion.
Payment Schedule: Standard payment terms are 50% deposit and 50% on delivery, unless specified otherwise. Payment terms are 21 days, and we invoice in AUD or USD only. Australian customers are charged 10% GST.