Alex Zaia

For the purpose of this agreement 'The Client' represents the company or individual requesting the services of Alex Zaia where the context so admits include their respective assignees, sub-licenses and successors in title.

Please read the following document carefully. By confirming your assignment with Alex Zaia you will be agreeing to the following Terms and Conditions and a binding legal agreement will be created.

1. WEB DESIGN AND DEVELOPMENT

The Client agrees to make available as soon as is reasonably possible to Alex Zaia all materials and content required to complete the job brief requested, to the agreed standard and within the set deadlines.

Alex Zaia does not supply any written content for your website. The Client must present all valid written content apt to outlining their business and its respective pages approved for the website design.

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Alex Zaia cannot accept responsibility for any losses incurred due to malfunction of the website or any part thereof.

Where applications or sites are developed on servers not recommended by Alex Zaia, The Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to function and to be correctly developed. Where large applications are to be developed, it is The Clients responsibility to provide a suitable testing environment, which is identical to the final production environment unless otherwise specified and agreed.

The Client is expected to fully test any application or programming relating to a site developed by Alex Zaia before being made available for use. Where “bugs”, errors or other issues are found after the website is live, Alex Zaia will endeavour (but is no obliged) to correct these issues to meet the standards of functions outlined in the brief.

Alex Zaia will ensure that any developed and designed website or application will function correctly on the initial server that it is installed on and that it will function correctly when viewed with the web browsing software versions available at present to an acceptable level. Alex Zaia can offer no guarantees of correct function with all web browser software.

Alex Zaia can offer hosting services or make recommendations of hosting companies to host your website. These services may be governed by additional Terms and Conditions and no guarantee can be made as to the availability of interruption of other hosting companies services and Alex Zaia will not take any liability for issues caused by these services.

With website optimization in relation to your website ranking among search engines, Alex Zaia cannot offer a guarantee that the position of your website will achieve the desired traffic and hits you expect and we cannot be held liable for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

2. GRAPHIC DESIGN

The Client agrees that Alex Zaia will to the best of their ability provide Graphic Design services as per the requested brief. The Client understands that additional outsourced entities may be hired to produce graphics to the standard at your request and further fees may be accumulated.

If Graphic Design services are not required by Alex Zaia, The Client agrees to make available as soon as is reasonably possible all graphic materials and content required to complete the job. Alex Zaia does not take any responsibility for any issue that may arise from graphic content provided by The Client and it is The Client’s sole responsibility to ensure that any materials provided are of a high enough standard for the brief.

3. COMMUNICATIONS AND EXCHANGE OF IDEAS

The Client agrees that any form of interaction with Alex Zaia including, but not limited to face to face, email, Instant messaging, telephone and text messages whether verbal or written are official forms of concurrence in regards to your brief. Every approval or variation in commission through these mediums is considered valid and Alex Zaia will not be liable for miscommunication or disagreement on The Client's behalf if they do not comprehensively examine any agreements or documents provided.

4. PAYMENTS

Payment by The Client will be expected for the commissioned work within 14 days of the issue of the relevant invoice(s) unless by prior arrangement by both parties and a written agreement has been finalised. Payment in full is required when work is complete or before any work is handed over or uploaded.

A non-refundable deposit is required before any work is carried out. 30% is required for any standard Web Development and Graphic Design projects and 50% is required for database driven assignments.

Alex Zaia reserves the right to change our prices according to the current marketing conditions and all price estimates are valid for 30 days.

Payments sent via PayPal will incur a 5% surcharge to cover payment processing fees.

Overdue accounts are subject to a service charge of $75 per per month or part thereof.

5. VARIATION OF COMMISION

Where extra expenses or time are incurred as a result of alterations to the original brief by The Client, or otherwise at their request, or due to unforeseen circumstances such as delay in communication by both parties or technical difficulties, The Client shall give approval to and be liable to pay such expenses or fees at Alex Zaia’s normal hourly rate in addition to the expenses shown as having been agreed or estimated.

6. QUALITY OF OUTPUT

The Client agrees that the quality of output depends substantially on the initial input. It is The Client’s sole responsibility to be comprehensible and direct and make available references and examples of their expectation of the brief to guarantee Alex Zaia can convey a satisfying final output.

Alex Zaia will provide a 7-day period after completion to allow for any final amendments that may be required, but only where the amendments are covered in the initial brief. This is limited to a maximum of 3 amendments. Alex Zaia reserves the right to reject any additional amendments that are not relevant and will only provide The Client with the current completed work.

7. PRODUCTION TIME

The time allocated to a project is dependant on the size of the project, and on current work load, and as a result you may be added to a queue.

Production time of the final project is anything from a 2 – 8 week turnover for basic website design and development. Database driven or eCommerce websites may incur a higher turnover on a per project basis. Alex Zaia has the right to extend this time to ensure work is presented at a high standard and reflects the final vision and aesthetic of the brief. If The Client requires any work immediately a "rushed" charge will be given. Minimum notice for an urgent order is 72 hours, and may incur a higher fee.

8. SERVICE LEVEL AGREEMENT

Alex Zaia cannot guarantee 100% uptime for its hosted services.

Alex Zaia will endeavour to provide a stable hosting environment for your website. During periods of maintenance The Client will be notified in advance of any downtime and these maintenance sessions will be conducted outside of standard office hours.

9. REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, design or composition.

Once the job has been completed, the final balance and all expenses incurred are due in accordance with our payment terms. There are no exceptions to this, if The Client decides they no longer want the work, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been completed.

Non-payment will result in legal action taken against The Client if necessary.

Due to the nature of the work, no refunds are offered.

10. INDEMNITY

Alex Zaia agrees to indemnify The Client against all expenses, damages, claims and legal costs arising out of any failure by Alex Zaia to obtain clearances for which they were responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Alex Zaia shall only be responsible for obtaining such clearances if both parties have expressly agreed this. In all other cases The Client shall be responsible for obtaining such clearances and will indemnify Alex Zaia against all expenses, damages, claims and legal costs arising out of any failure to do so.

11. LIABILITY

Alex Zaia will not be liable to you in contract, tort or otherwise for any loss or damage including consequential loss, which you may suffer. If the law, including the Trade Practices Act of Australia 1974, applies a non-excludable condition or warranty, then the liability of Alex Zaia for breach of that condition or warranty will be limited to the provision of the replacement of work. However this limitation of liability will not apply to Alex Zaia’s indemnification obligations under these Terms and Conditions.

12. ARCHIVING, DOWNLOADING AND DISPATCHING

All artwork, content and software is archived on Alex Zaia’s servers and held for a 30-day period after completion of your assignment at no extra charge to The Client. While every effort is made by Alex Zaia to ensure that content is safely stored, no responsibility is accepted for the loss or damage of any material held on our server and we are not obliged to keep storing your content after the 30-day period. Searching of archived material and downloading represents a cost to Alex Zaia in terms of labour and overhead, and is charged to The Client at Alex Zaia’s normal hourly rate to recover this material.

13. COPYRIGHT

Alex Zaia will not claim ownership or creation of any of the written content or materials provided by The Client for their website.

Alex Zaia reserves the right to use any and all material relating to the brief and any and all completed work for the purpose of advertising, promotion and portfolio use.

Any scripts written in any language, or software (unless otherwise specified) written by Alex Zaia remain the copyright of Alex Zaia and may only be commercially reproduced or resold with the written permission of Alex Zaia.

Alex Zaia may refuse to handle in any way, material that may be deemed offensive, illegal or in any way controversial, and will terminate the service (at The Clients expense where costs have been incurred) should the necessity arise.

Alex Zaia will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of the site owner. This includes any disputes regarding content/images that have been provided to us for inclusion on the site.

Alex Zaia has the right to a credit and this will be displayed at all times on or in reasonable proximity to all published reproductions of the work. For example "Website by Alex Zaia".

14. PRIVACY

We do not share or sell any of your details with third party companies, without your express written permission and we will only email you or contact you about work related matters.

15. CONFIDENTIALITY

Alex Zaia acknowledges that the Confidential Information provided or conveyed to it concerning The Client is made available for the purpose of considering, advising on, and/or evaluating any projects submitted by The Client.

Alex Zaia undertakes that it will not use the Confidential Information so provided for any other purpose than as stated above without the consent of The Client.

Alex Zaia undertakes that it will not disclose the Confidential Information provided to any other party, nor publish, use, reproduce or copy the Confidential Information, or allow it to be published, used, reproduced or copied by any other party without the prior consent of The Client except:

• as necessary for the the purpose outlined in Paragraph 1.
• as required by law;
• as permitted by The Client.

Alex Zaia undertakes to maintain effective security measures to protect the Confidential Information from unauthorised access, use or disclosure.

On the request of The Client, Alex Zaia undertakes to deliver up all the Confidential Information provided by The Client with 14 days (fourteen days).

Alex Zaia acknowledges that any breach of the terms and conditions of this agreement may result in legal action.

16. VARIATION

Alex Zaia reserves the right to amend these Terms and Conditions without warning.

It is The Clients responsibility to check for the latest updates to Alex Zaia's Terms and Conditions.

They can be found, and are publicly available at: http://www.alexzaia.com/terms-and-conditions