Terms and Conditions of Services

Content

All content provided to us must have prior approval of use from their sources. We will assume that you the client has gained this rights for the content and images provided.

Content includes the following items:

1. Passwords to accounts to third party websites
2. Images
3. Text / Articles
4. Source code
5. Predesigned
6. Artwork (Such as Photoshop, illustrator etc)

Artwork and designs we produce often use royalty-free stock photography/vector art/videos, sourced from websites such as Envato, BigStock photos, Shutter stock or iStock.

We use this artwork as it dramatically reduced the time required to successfully build a project, thus reducing the overall cost of a project to you the client. The content is purchased with a limited licence and is allowed to be used for a single client project only and not allowed for resale on its own as stock imagery. Special mention of if you are designing a product that requires the sale of any form must be mentioned so licensing of these images can be verified and referenced to you the client for future record.

Ownership of Work

All services provided by Toffy Digital, shall be for the exclusive use of the Client and not transferable to any third party. Upon full payment of all fees and expenses, complete publication rights for the commissioned project shall be granted.

Original authoring files such as HTML or PHP Files, After Effects production files, .psd, .fla, .ai, .eps and other creative specific file formats will not be handed over for client use, unless a prior arrangement is met with Toffy Digital.

Work developed by Toffy Digital is not allowed to be copied for new projects unless additional licensing is acquired from Toffy Digital.

Guarantees

We do not provide any formal warranties on any of the services we provide. If any of the projects fail to operate after a project has been delivered or the total hours initial quoted on the project has been exhausted, further charges might be quoted to complete the project.

All web design projects that have administrator access to it do not receive any form of Guarantees. We will always try to achieve a high level of client satisfaction and fix problems that occur as swiftly and effectively as possible. However, caution that users with Admin access have the potential to completely delete content that might not be retrievable.

A website engaged in an ongoing maintenance contract however has perpetual guarantees on the website or template code.

This guarantee does not cover content:

1. Errors caused by faulty content input by a user via its administration section or
2. New upgrades required to accommodate new website features.

Update of Terms & Conditions

Terms and conditions must be observed before the start of every project as they might change without notice. If you do have an active project and we make a change to our terms and conditions you will be informed by email about the change.

Data Storage

We use the following cloud-based systems to store your data files, compromise of the security of these networks are outside of our control and we cannot be held responsible if information such as passwords, files or images stored on these networks are compromised.

1. iCloud
2. Dropbox
3. Google Mail Enterprise
4. Google Drive Enterprise
5. Atlassian BitBucket (code repository management)

Website Hosting

We resell website hosting and do not physically own the server that your website lives on. We are completely reliant on the hosting service providers to support any request you might have to the server. We are not server technicians.

Period of validity

This contract is only valid for a fixed period of time that will be outlined in your project quote or alternate agreement. If the job is not successfully completed by Toffy Digital due to delays and unforeseen setbacks by either party a re-contract and quote will need to be agreed upon for the completion of the outstanding work.

Payment for work already completed must be made in full before work continues on your project.

Confidentiality

All correspondence and documents provided will be treated as confidential between the client and our company prior to its publication. If confidentiality must be strictly maintained even after project publication, this must be provided verbal, or in the form of a written letter/email prior to the acceptance of a proposal or commencement of work.

Ongoing Maintenance

Website maintenance is not included with your project and it can be included as an optional month to month add on. Your website maintenance only covers the upgrade of the CMS and its template to its latest stable version.

Upgrades to the core features, website design or any further additions are not covered with an ongoing maintenance contract.

File Storage

We use cloud-based storage like DropBox as our primary method of backing up data in our office. Client accounts who are not active for a period of more than three months can be deleted on our online backup and stored offline. Files are deleted from storage if a client has been inactive for more than a period of one year.

There are no guarantees given for projects or file recover if a client is inactive with us for more than a period of 3 months.

Credit

Toffy Digital is to receive design credit on all work we produce unless otherwise specified. This design credit can be placed at the bottom or side in small letters and must be linked to our corporate website for all online content.

The credit content can be in the following format:

• “Designed by Toffy Digital”
• “Powered by Toffy Digital”
• “Managed by Toffy Digital”
• “This website is designed by Toffy Digital”

Hourly rate

Our standard hourly rate is $140 / hrs + GST.
Our holiday & rush hourly rate is $180 / hrs + GST.

The hourly rate is subject to increase by 5% per annum.

Payment, Deposits & Advanced

We request that all payment be made within 15 days of issue of an invoice. Failure to meet payment will result in a suspension of services we provide.

All projects prior to project commencement must make a 50% project deposit prior to the commencement of your project. The remaining 50% will be charged after project completion.

All payments, deposits and advances are non-refundable.

All invoices relating to ongoing maintenance must be paid in advance and will be issued 15 days prior to its date of renewal.

All Outstanding amounts owing on accounts must be paid within 15 days of receiving our invoice. If payments are not made within 15 days this might result in the suspension of all services provided by our company and all unpaid work cannot be used by your company.

Integrity

Any proof of misleading and/or false information given to our company or its employees, or improper conduct towards our employees, including threatening, extortion, Terms & Conditions of Services, harassment, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This includes any communication via email, live chat, telephone, or other forms of communication in which staff may be threatened, abused or mistreated.