Terms and Conditions

(Please ensure that you read and understand these conditions.)

This document defines the terms and conditions of our working relationship.
All projects or services that Hunter Creative (HC) may be contracted to produce or provide for CLIENT will be subject to the following:

1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and HC. Important: Approval for the work to commence and payment of any advance fee indicates that the client accepts the terms and conditions outlined in this document.
2. HC Intellectual Copyright: HC will hold intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
3. Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Hunter Creative in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
4. Search Engine Promotion: HC is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate agreement must be entered into. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
5. Nature of Copy: This applies only to clients who have engaged HC to write or develop copy. Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
6. IMPORTANT! Failure to Provide Required Website Copy: All website copy to be provided by the client must be delivered to HC within two weeks of acceptance of project quotation.
   
   We are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.
   
   This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Also, if your project involves Search Engine Optimisation we require the text content for your site in advance so that the SEO can be planned and completed efficiently.
   
   If you agree to provide us with the required information and subsequently fail to do so within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
   
   NOTE: Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you require clarification..
7. Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites please bear in mind that unless previously agreed, only minor revisions to the original concept are possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require. If you are unsure of whether you are entitled to more than one concept, please check the information under “Project Delierables” in the proposal.
   
8. Travel Time and Expenses: Travelling time to and from customer premises is not included in our estimate unless explicitly stated. HC reserves the right to make a charge for travelling time at our normal consultancy rates. Likewise HC reserve the right to charge for travelling expenses based on 50c per km. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence.)
9. Quotations: The price quoted to the client is for the work agreed in the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
10. Advance Payment: An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
11. Payment Methods:  Payment is currently accepted by cheque, direct bank transfer and credit card in Australian Dollars, unless otherwise agreed. If your cheque is not honoured by the bank for any reason, you will be liable for a "returned cheque" charge and administration fees of $30. Full payment is required in advance if paying by credit card.
12. Payment Terms: Payment of any balance will be due within 14 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of one hour’s work at the standard Hunter Creative rate will be required to have the site restored.
13. Late Payment: For payments not received within the scheduled time period in Item 12, Hunter Creative reserves the right to pursue payment via a Debt Recovery Agency.
14. Credit: Once the website is completed Hunter Creative will have the right to a link at the base of the page to the extent of “Website design by Hunter Creative” and a small company logo. This must remain in full view on the pages designed by Hunter Creative until such time that the website is altered to such an extent that it no longer reflects the work completed by Hunter Creative.
15. Marketing: Hunter Creative is not responsible for the ongoing marketing or lead generation of the website. The website once completed is provided as is with no conditions as to the success of its endeavours.
16. Future Support: The website is provided to and accepted by the client as a fully functioning, completed work. HC is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
17. Future Site Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and HC will endeavour to protect it from this as much as we can during its creation.  We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
18. Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
19. Term and Termination – If this agreement must be terminated for any reason by the client, the client must notify HC immediately and provide written confirmation of the termination. Client shall remain liable for the total project cost and all remaining funds will become payable immediately.
    
    Upon termination of this agreement and payment of any outstanding amounts, HC will transfer to client all clients’ property and materials in HC’S control and for which client has paid. Client will indemnify and hold HC harmless for any loss or expense (including legal fees), and agree to indemnify HC in any actual suit, claim or action arising in any way from the working relationship. This includes, but is not limited to accusations made against client and any of its products and services arising from the publication of materials that HC has prepared and client has approved for publication.