Terms & Conditions

These terms and conditions are the contract between you and Nick Grentell Web & I.T. ("us", "we", "Nick Grentell Web & I.T." etc). By visiting or using our website, signing up or purchasing any of our products or services, you agree to be bound by the Terms and Conditions outlined on this page.

N.J. & N.M. Grentell – Trading as Nick Grentell Web & I.T.

ABN: 75 931 139 302

Postal Address: PO Box 199, Forest Hill NSW 2651

Phone: (02) 6922 1100

You are: Anyone who uses Our Website or buys any Service from us. Under 18 years? Sorry, but we deal only with people who are legally able to enter a binding contract. Please ask someone over 18 to use our website and/or purchase products/services on your behalf.

Please read this agreement carefully and save it. If you do not agree with it, you should leave our website and stop using the site and/or our services immediately.

All Services

Nick Grentell Web & I.T. will aim to customize your design to the maximum extent and in keeping with your business branding, profile, logos, commentary, colour themes and images etc. Nick Grentell Web & I.T. will provide regular communication via email or phone throughout the entire design process.

Right to Service

Nick Grentell Web & I.T. reserves the right to refuse service, especially if the requests are not aligned with our business operating principles and policies, or are outside of the general scope of Nick Grentell Web & I.T.

Indemnity

You will indemnify and hold Nick Grentell Web & I.T., its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from your breach of any of these Terms and Conditions or any other terms, conditions, policies or procedures contained on the web site, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web site.

Severability

The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid, or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Waiver

No failure or delay on the part of Nick Grentell Web & I.T. to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Nick Grentell Web & I.T. preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by Nick Grentell Web & I.T. to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

This Agreement

This agreement constitutes the sole agreement between Nick Grentell Web & I.T. and the client regarding the project. Any additional work not specified in the design specification or any other amendment or modification to the package must be authorized by a written request signed by both client and Nick Grentell Web & I.T. Unless otherwise stated all prices specified are quoted in Australian Dollars.

Legal Notice

Notwithstanding anything to the contrary contained in this contract, neither Nick Grentell Web & I.T. nor any of its employees warrant that the functions contained in the service will be error-free. The entire risk as to the quality and performance of the service is with the client. The client agrees to defend, indemnify, and hold Nick Grentell Web & I.T. harmless from any and all liability, proceedings, actions, loss, damages or claims or other events, which may arise from the service and that such indemnity survives termination of this contract. In the event of an act of major catastrophe such as theft, terrorism, earthquake, riot, civil disorder, flood, fire, storm or other major disaster Nick Grentell Web & I.T. reserves the right to suspend all its obligations under this contract or void the contract at its option. In any event the client fully agrees that Nick Grentell Web & I.T.'s maximum liability will be limited to the fees actually paid by the client to Nick Grentell Web & I.T. less any reasonable costs incurred to date. This contract is governed by the laws in force in the state of New South Wales in the Commonwealth of Australia.

Website Design & Development Services

Project Commencing Date

Nick Grentell Web & I.T. considers your project as active on receipt of the full 50 percent deposit and subsequently agreeing to the following terms and conditions during checkout. Completion times are generally within 4 weeks or 4-8 weeks for custom sites providing the client has supplied all content and other required resources, however, this time frame cannot be guaranteed. During the design process the client will need to respond to additional content and feedback requests and as such Nick Grentell Web & I.T. cannot be held accountable for delays in completion should the client be slow to respond to these communications.

Expedited Turn-around Times

Nick Grentell Web & I.T. can on occasion provide faster turn-around times for an additional fee which is determined on a case-by-case basis. To be able to achieve this without compromising the time frames for other client's projects, work is performed outside normal business hours, thus the additional fee. As above, this turn-around time is still dependant on the client providing all images, written content, and other media to be used in the site, as well as responding to additional content requests, along with other questions and feedback requests and as such Nick Grentell Web & I.T. cannot guarantee the exact turn-around time frame.

Design

Nick Grentell Web & I.T. will design the website in accordance with the client's requirements. Design work above and beyond the brief or that varies from the original content structure supplied by the client and within the supplied quote may be requested at an additional charge. Nick Grentell Web & I.T. will accept minor design changes to the project before it is made live. Minor design changes will not include navigation structure changes, page reconstruction, or any other major website features that form part of the design specifications. Minor changes may include colour changes, text or title re-design, or image placement.

Content

It is the client's sole responsibility to provide all required content and perform required tasks. Stock images can also be provided at an additional cost if required. Nick Grentell Web & I.T. is not responsible for the images and content published on the website. Please read our terms below on images, ownership copyrights, and trademarks. Nick Grentell Web & I.T. aims to complete a high-quality design for its customers at a reasonable price. To ensure we can provide the best service to our customers, we expect that the customers provide appropriate and definite information for all the design work. While our designs will accommodate any change requests during the designing process, we may, however, need to charge for any rework that may go beyond the prescribed designing hours for each design.

Images and Media

Please see details following on Copyright & Trademarks, and Ownership. All images used within a website or print document must comply with Australian copyright regulations. The following is applicable to all website designs that include stock images provided by Nick Grentell Web & I.T.: Nick Grentell Web & I.T. purchases stock images that are provided with either a standard or extended license agreement. This license agreement gives Nick Grentell Web & I.T. the authority to use the image without infringing on any copyright, moral right, trademark, or other intellectual property right or violate any right of privacy or publicity. The license agreement is not transferable and does not allow Nick Grentell Web & I.T. to give the images away. Should the client transfer the website to another designer, or hosting provider, or cease to continue using the services of Nick Grentell Web & I.T. for any reason, the client will be required to purchase all stock images with the license agreement. A standard license is generally included in the purchase price of most stock images giving the owner the right to use the image on the web only. Should any image be required for printing, a higher resolution image will need to be purchased at an additional cost, and in some cases, the extended license will need to be purchased which gives authority to print large quantities.

Photo Galleries

The following is applicable to all our website services that include a photo gallery: Nick Grentell Web & I.T. will design the initial photo gallery. The client is responsible for supplying all images for the galleries in the correct format, size, and compression (instructions for image specifications will be provided). If the specification instructions provided are not followed, Nick Grentell Web & I.T. will not be held accountable for less than desirable results. Nick Grentell Web & I.T. will not provide software and/or tutorials on how to edit the images accordingly but can provide a photo editing service for an additional fee if required.

Compatibility

While Nick Grentell Web & I.T. will make reasonable efforts to design a cross-platform compatible website, compatibility with all browsers is not guaranteed. There may be 3rd party components such as SSL certificates, plugins, scripts, etc. involved in building your website. Although Nick Grentell Web & I.T. will make reasonable efforts to ensure the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control.

Paid Plugins, Themes, and Other 3rd Party Costs

If any 3rd party components are required to build your website, initial costs will either be included in the quote or it will be communicated to the client that they will be required to pay for it themselves. When developer versions of paid plugins are available this will be installed by Nick Grentell Web & I.T. free of charge however, developer versions do not come with automatic updates or support. Updates for these plugins will either have to be performed by Nick Grentell Web & I.T. or the client can purchase their own licence(s) in order to gain access to updates. If no developer version is available for any required paid plugins a fully licenced version will be purchased. If this is done by Nick Grentell Web & I.T. on behalf of the client, future renewals will be the responsibility of the client and Nick Grentell Web & I.T.'s responsibility will cease when the first subscription period has concluded.

If a paid theme is used, it will be purchased via Nick Grentell Web & I.T.'s account who will have access to updates and support for the term specified by the theme developers. When possible, a plugin will be installed and an API set-up so the client will continue to have access to theme updates via Nick Grentell Web & I.T.'s account. We will only guarantee this API integration for 6 months from the commencement date of your web design project. Continued use may extend beyond this time when possible but Nick Grentell Web & I.T. is only obligated to provide it for the aforementioned 6-month period. Should the integration be terminated after this time, it is the client's responsibility to purchase their own licence for the theme in question.

Once the website is complete and handed over to the client, any on-going 3rd party costs are the sole responsibility of the client.

Designer Delays

Nick Grentell Web & I.T. shall use all reasonable efforts to meet the delivery schedule. Nick Grentell Web & I.T. may extend the due date for any Deliverable by giving written notice to the Client.

Client Delays

You agree to provide us with everything that we will need to complete the project – including text, images, and other information. We will ask you for the information and format required once we start the project. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, and you will also be bound by any dates that we set together. Delays in supplying all content required to complete the site will result in the development being put on hold. Should the project reach the 3-month mark and requirements have not been received, the original quoted price will no longer be valid and should the client wish to continue, a new quote may be required which the client can either accept or reject. If rejected, our cancellation and refund policies (see below) apply.

General Delays

Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism, and epidemics.

Proofing Stage

Once the website has reached the proofing stage, the client must respond with any feedback and/or change requests within a two-week period to avoid delays in the client's and other websites currently being developed by Nick Grentell Web & I.T. being published. If the client fails to provide any feedback and/or change requests during this time, the project will be considered complete and handed over to the client as-is. The client can request more time if needed but a $50/week administration fee to keep the project active will apply for each additional week requested.

Project Delivery

The website will be developed and published to the client's allocated domain name and hosting account. Interpretation by Nick Grentell Web & I.T. of the design specification will be final. Once the project has been published on the client's specified domain and hosting account the website is considered to be live and published designating the end of the design project. It is the Client's sole responsibility to finalise content for the website. Nick Grentell Web & I.T. is not responsible for unfinished pages after publication, additional design works after publication will incur a $95 per hour fee. The client also gives permission for a credit link to be included in the footer of the site.

Website Maintenance & Support

Nick Grentell Web & I.T. will provide free maintenance/updates and technical support for one month ONLY after the website has been published. After this time, any additional work and/or support is billable. Additional fees apply for any site maintenance or extra design work, subject to acceptance. A full quotation will be provided before any design or maintenance works commence.

Responsibility After Publication

After publication and/or once the support period has expired, Nick Grentell Web & I.T. will not perform or store backup sets of your website. It is the client's sole responsibility to perform and store backups of their own website files and databases. Nick Grentell Web & I.T. will also no longer store the website files used to create the site. These files will be provided to the client in a zip folder at which point it is their responsibility to store. Nick Grentell Web & I.T. will not be held responsible for any loss of valuable files or data due to server malfunctions, account user interference, intentional or unintentional misuse, or any external interference such as hacking. Once the website has been installed and published, Nick Grentell Web & I.T. is not responsible for any future content, changes, or technical problems that may result from updates made by the website owner or any other party. The client accepts full responsibility and absolves Nick Grentell Web & I.T. from any responsibility for the website after publication.

Un-used Inclusions from Website Package

Should any of the inclusions that come with your chosen package not be included in the initial build of the website, the client has 3 months to add these in from the date of website publication. After that, any un-used elements are forfeited by the client and become void. They are 100% non-refundable and non-transferable.

Project Cancellations & Refunds

Either party may terminate the project at any time upon giving written notice to the other via email or registered post. In the event of termination, all indemnities shall continue. The deposit payment and any other payments already received are non-refundable in all circumstances and additional payment may be required in the amount of a prorated portion of the total fees due to compensate for all hours expended on the project up to the date of termination. Web design and development projects require extensive resources, consume our time, and incurs internal expenses on top of intellectual property and education that is provided during the process which requires full compensation. Cancellation of a design agreement, ceasing to continue with services provided by Nick Grentell Web & I.T., or failure to make payment releases the client of any ownership rights.

In the event that the project is cancelled by Nick Grentell Web & I.T. for any reason, a pro-rata refund will be provided in proportion to the work completed in accordance with our rates at the time of the project booking, as such the final refund amount is non-negotiable.

How Refunds Are Processed

We will refund in the form of the original payment. For example, if you paid with credit card, you will get a credit card refund. The refund will be paid within 30 business days.

Ownership

Unless advised otherwise, the person or legal entity who purchased the design services is the exclusive owner of the website design content which includes the uploaded files that are stored within the allocated web server providing full payment has been received. This does not include: any code source files, any original stock images, any photoshop (.psd), illustrator (.eps or .ai) source files – these original source files remain the property of Nick Grentell Web & I.T.

Copyrights and Trademarks

Nick Grentell Web & I.T. is not responsible for the images and content published on the designed websites. It is the client's responsibility to ensure that all images, fonts, and content published on their website conform to the Copyright Act 1968. If any of the images and content are not lawfully owned or licensed by the website owner, explicit permission to use them must be obtained by the client.

Hosting

If we provide hosting services for the Website, those hosting services are governed by Digital Guppy's Hosting Terms and Conditions or as stated below.

Satisfaction Guarantee

Should the client cancel the website project within 14 days of paying the upfront price or first instalment payment they are entitled to a full refund.

Simple Website Edits & Support (on a Published Website)

Simple edit requests usually include things such as uploading new content, adding, or changing menu items, editing settings, pages, and posts, etc. Tasks are generally for minor edits only; they exclude major design & functionality changes as this often requires much more time and is best to be quoted separately.

This type of work is billable in 30-minute increments.

If any website edit & support requests fall outside the scope of what this service entails, you will be notified prior to any work commencing and the work will be quoted accordingly.

Web Design Inclusions

Website Revisions, Blog, and Support

Single-page website packages include two rounds of website revisions and two hours of email support within 30 days of website publication. Blog design and posts are not included. The full website package includes unlimited website revisions before website publication and unlimited email support within 30 days of website publication. Also included is a fully designed blog + 3 posts and one website training session.

Portfolio Items

A portfolio page can be included as one of your pages in a full website package, but we do limit the portfolio items to a maximum of 6 to start with. More can be added for an additional fee.

Image Galleries

We will include an image gallery on a single page. If you want a dedicated gallery page (for example for photographers, artists, home builders etc.) with multiple galleries within it that are categorised, we can create up to 6 gallery categories.

Website Hosting Services – WordPress

Should the client request for Nick Grentell Web & I.T. to manage hosting for the website this will be done so under the customers own hosting account with Digital Guppy under the client's name.

Hosting Payments

Hosting charges are between the client and Digital Guppy.

Website Hosting Cancellations

Client may cancel at any time however this is to be organised with Digital Guppy directly subject to their terms and conditions.

Servers

Whilst Digital Guppy shall use reasonable endeavours to ensure the integrity and security of the Server, we make no warranty that the service will be error-free or free from interruption or failure, and Nick Grentell Web & I.T. expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

WordPress Website Maintenance

Work Commencement

All work is paid for upfront; the standard tasks (updates, security scanning etc.) are performed within the business schedule after your payment has been successfully processed. If your package includes Website Edits and Support, these are performed at any time within the calendar month (after successful subscription payment).

Software Updates

The following will be updated: WordPress core, plugins, and theme/s when new releases become available. However, we will only update plugins that are compatible with your installed version of WordPress and will only perform theme updates if a child theme is in place. Standard plans are restricted to websites that have no more than 25 plugins installed. If your site has more than this, a customised plan will be required. We will do a compatibility check, but it is the customer's responsibility to inform us if you notice that your website is not working properly after updates are performed. Should this occur we will restore your website to how it was before the update (no extra charge) providing the last backup created after our updates is still available either on the client's server or cloud storage system (e.g., Dropbox, local computer, google drive, etc.).

Subscription Term

You may cancel your plan at any time, for any reason, by following the instructions on our website or by contacting us in writing to request we cancel your plan on your behalf. Conversely, we may terminate your subscription immediately and without notice, if you fail to comply with any of the terms in this Agreement.

Website Back-ups

Digital Guppy will ensure facilities are in place to automatically back-up your site at regular intervals. These back-up sets are stored either on your hosting server or 3rd party storage option. While all precautions are taken to safeguard these back-up sets, we still strongly urge all customers to always maintain their own backups, download and store them periodically.

Disclaimer of Warranties and Limitation of Liability

You agree that using our services is at your own risk. Nick Grentell Web & I.T., its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") disclaim all warranties whether express or implied in regard to the services meeting your requirements, being timely, secure and error-free. You specifically agree that Nick Grentell Web & I.T., its licensors, content providers, service providers, employees, agents, officers, directors and contractors will not be liable for any damages, including damages for loss of profits, data, or any other tangible losses resulting from the use of our services. You acknowledge that this limitation of liability is an essential element of this agreement, and absent such a limitation, we would not enter into this agreement.

Website Maintenance Payments

The following terms and conditions relate to the purchase and use of subscription-based products sold by Nick Grentell Web & I.T.

Apart from your cancellation right, termination of a subscription product will be regulated by this contract as set out below.
We reserve the right to modify the subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the subscription service after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.

The Price

Prices are exclusive of any applicable goods and services tax or other sales tax.
When you sign on to a subscription product, that payment may not cover other services, for which we will ask you to pay either by addition to your subscription or by a single payment.

Subscription Renewal Payments

At the renewal of your subscription, we will automatically generate an invoice and shall confirm the renewal of your subscription for a further period by sending you an email message.
By default, the billing schedule for a subscription is based on the 28th day of every month. If a customer pays for a monthly subscription on the 28th of January, they will pay again on the 28th of February and so on.
Failed recurring payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. If payment still fails, your subscription will be cancelled and no further work will be performed.

Subscription Cancellations

At any time before renewal of your subscription you can notify us in writing of your wish to cancel and we can perform this action for you.
All subscription payments are non-refundable and non-transferable without exception when cancelled by the customer once work has been carried out.
We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
Termination by either party shall have the following effects: your right to use the services immediately ceases, and we are under no obligation to forward any unread or unsent messages to you or any third party or provide any further information and/or support.
There shall be no reimbursement or credit if the service is terminated due to your violation of the terms of this agreement.
We retain the right, at our sole discretion, to terminate any and all parts of the services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

Interruption to Services

If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible.
You acknowledge that the services may also be interrupted for many reasons beyond our control.
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services.

Security of Your Payment Details

We take care to make our website safe for you to use.

Card payments are processed securely via Commonwealth Bank BPOINT payment system or PayPal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website.
If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Website Support Ticket

If you're not sure how much time the work you require will take, Nick Grentell Web & I.T. will do what we can within the time allowed up to 1 hour in the first instance, or you can email us beforehand to ask how many hours the work will require.

Tickets are restricted to a maximum time allowance of 60 minutes or when your question is answered, issue resolved, or work completed (whichever comes first).

Correspondence will be conducted via email to support@ngit.com.au (sometimes phone if required).

Payments

Projects quoted below $500 require full payment upfront. Projects quoted above $500 require a 50% deposit before the commencement of any work with the remaining balance due upon completion. When the project is nearing completion (as determined by Nick Grentell Web & I.T.), we will contact you to arrange the completion payment and website will go live.

Payments may be made via direct bank deposit, PayPal or credit card. All payments are non-refundable once the design process has begun. Nick Grentell Web & I.T. will not release completed projects to the customer until full payment has been received.

Overdue Payments

No one likes chasing money and no one likes being chased for money, so we respectfully request that all payments are settled by their due date so we can maintain a working relationship. Should accounts become overdue, they will be subject to a late payment fee at a rate of 10% p.a. of the total invoice cost calculated fortnightly with a minimum amount of $15. This fee will be charged fortnightly and commence from the first fortnight following the due date and each fortnight thereafter until the account is paid in full. Late payment fees are non-refundable once added to an amended invoice and reminder notice sent.

Account due dates vary depending on the project type; they are either due upon receipt, within 7 days or at most 30 days which will be stipulated as such on the invoice. In the event an overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.