Terms

Spidey

Terms and Conditions

  • Kapow Interactive P/L, ABN 18 164 186 047 (“Kapow Interactive”) agrees to provide you with the services set out in your quote.
  • An agreement for service commences upon written acceptance of quote and receipt of a deposit within 1 month. Where no quote has been issued, an agreement for service commences upon written request for any services.
  • If a deposit has not been received within 1 month of quote’s issue, Kapow Interactive reserves the right to re-quote or decline the work.
  • Any amendments or changes to requirements must be agreed to in writing and may incur additional cost.
  • Only those services mentioned will be provided by Kapow Interactive. Services such as copywriting, search engine optimization, online advertising and logo creation are not included unless specifically mentioned.
  • Please read your quote carefully and if you have any questions, contact us to address these issues before accepting.

Payment Terms

  • All charges shall be payable in Australian dollars by date due on the invoice or on such other payment terms set out therein.
  • Payments must be made by one of the methods outlined in the invoice provided by Kapow Interactive.
  • All deposits or advanced payments are non-refundable.
  • Kapow Interactive reserves right to charge interest on overdue amounts.
  • Kapow Interactive may by notice to you suspend work, and your use of and access to Services (including access to your email and public web content), until outstanding invoice(s) and interest are paid in full. Charges shall continue to accrue during such period of suspension. This may result in significant business interruption.
  • Hourly work is charged at $110 per hour, charged on the quarter hour.
  • You remain committed to pay us for all Charges for Services for their full invoicing periods irrespective of whether: (a) this agreement has been suspended or terminated during such invoicing period, or (b) such services have been changed or cancelled during such invoicing period.
  • You are liable for, and must pay to Kapow Interactive, all costs incurred by us (including costs for which the Kapow Interactive may be contingently liable) in any attempt to collect any monies owed by you to Kapow Interactive under this agreement. This includes debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

Quoted work

  • Any amendments or changes to the requirements set out in your quote will be charged at current rates. Please read your quote carefully and contact us as soon as possible before agreeing if there are any errors or omissions.
  • You will be invoiced for fifty percent (50%) of the total quote if the total amount of the quote exceeds $500. Kapow Interactive requires this amount to be paid before any work will commence.
  • You will be invoiced for any balance owing on completion of the work unless otherwise agreed in writing. Payment must be made in full before the web site is put up “live” on the internet or a copy made available to the client.
  • Should Kapow Interactive be unable to complete the agreed work due to non-supply of the necessary documentation, Kapow Interactive reserves the right to invoice for any work completed to date. This amount will not be invoiced any earlier than 30 days from the last receipt of content or deposit paid for the website.
  • Accounts that remain unpaid 14 days after the due date will forfeit the bug free guarantee.

Unquoted work

  • Most maintenance requests will be performed at our hourly rate. An invoice will be issued at the end of each month.
  • All maintenance requests must be made in writing.
  • The client may request a quote for any work exceeding 2 hours. Kapow Interactive will not issue a quote for work which is expected to take less than 2 hours.
  • Requests for technical assistance or information via telephone, email or in person will be charged at our hourly rate except where covered by an existing agreement.

Variations and Cancellations:

  • Kapow Interactive must be advised in writing of any requests to cancel acceptance of a quote, or cancellation of any service.
  • Should you wish to cancel acceptance of a quote once work has commenced, then Kapow Interactive will issue an invoice for any work completed to date. All deposits or advanced payments are non-refundable.
  • All cancellations or variations to an existing service must be received in writing no later than 14 days before expiry date. Failure to meet these requirements will incur a cost equal to full renewal costs.

Supply of Information:

  • Quotes assume that you will provide Kapow Interactive with all information required in a single communication.
  • Text and images must be provided in full prior to build phase.
  • Text is to be provided in a digital format, e.g. Microsoft Word
  • Text must clearly be labelled with the name of the page on which it is to be used.
  • Images, graphics and logos must be provided in a digital format, e.g. USB flash drive, DVD or Dropbox link.
  • Save images for each slideshow or photo gallery into their own folder.
  • Other images to be used on your website must be clearly labelled indicating where each will be used.
  • Content must be thoroughly reviewed before it is supplied to Kapow Interactive. Kapow Interactive is not responsible for any spelling or grammatical errors.
  • Failure to meet these requirements may result in additional charges.
  • Reference to a professional copywriter is available upon request. Professional copywriting is recommended as it will save you time and provide a better quality result.

Bug free guarantee:

  • When a project has been delivered and approved, the client will have a three month grace period where Kapow Interactive will address any reported system errors or bugs free of charge.
  • Any changes of mind or additional requests are not supported in this guarantee.
  • After this grace period any required maintenance will be billed at our standard hourly rates.
  • Small visual variations may exist between browsers and platforms, however all major functionality is guaranteed.
  • Your website is guaranteed to work on all desktop browser versions with Australian usage >2% at time of website going live. Statistics can be found at http://gs.statcounter.com/
    At time of writing, this includes IE9,11, Chrome 43+, Firefox 39+, Safari 8.

Errors & Liabilities: 

  • Kapow Interactive will use all due care to ensure sites worked on by Kapow Interactive are free of errors.
  • Any errors made by staff of Kapow Interactive in the course of working on a client’s site will be corrected free of charge as soon as possible within business hours. Such errors must be advised in writing as soon as possible, and no later than 7 days after the changes have taken place.
  • Kapow Interactive does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed “live” on the Internet. While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Kapow Interactive does not accept responsibility for any losses incurred due to website malfunction.
  • Kapow Interactive will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site. Such alterations include, but are not limited to: changes made via an administration console or FTP by the client or another web developer, or hardware or software upgrades by a hosting provider.
  • If Kapow Interactive is required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.
  • Kapow Interactive accepts no responsibility for delays or down time, breakdowns or data loss caused by internet service providers or hosting providers.
  • Kapow Interactive does not support set up or running costs of code or software residing on a third party provider server and will not accept responsibility for any errors due to migration of a website onto another server.

Intellectual Property

  • Kapow Interactive reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development.
  • The client will hold copyright on all work providing there are no outstanding payments due to Kapow Interactive.
  • The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client.
  • No responsibility will be accepted by Kapow Interactive for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
  • Kapow Interactive reserves the right not to include any material supplied by the client if Kapow Interactive deems it inappropriate or offensive.
  • Any graphic design, code or content developed for the website but not ultimately used remains copyright to Kapow Interactive.

Domain registration

Kapow Interactive conforms to ICANN's Registrar Accreditation Agreement (RAA) 2013 which lays out domain registrants’ benefits and responsibilities.

Website hosting

Any website hosted on Adobe Business Catalyst is subject to their terms of use.

Any website hosted on our servers is subject to the terms of service which we are subject to.

 

These terms and conditions were last updated on 9 October 2015.