Terms and Conditions
- MDT Investments and Zest Design, trading as Kapow Interactive, ABN 35 484 402 312 (“Kapow Interactive”) agrees to provide you with the services set out in your quote.
- An agreement for service commences upon written acceptance (email or fax) 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 signing.
- All charges shall be payable in Australian dollars within 7 days of the date of the invoice or on such other payment terms set out therein and must be made by one of the methods outlined in the invoices provided by Kapow Interactive.
- All deposits or advanced payments are non-refundable.
- Kapow Interactive reserves right to charge interest on overdue amounts at annual rate of 2% over Commonwealth Bank’s base rate ruling on due date.
- 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. Time for payment shall be of the essence. This may result in significant business interruption.
- Our hourly rate for work is $110 per hour, charged by 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.
- 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 signing if there are any errors or omissions.
- You will be invoiced for fifty percent (50%) of the total signed quote. 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. Kapow Interactive requires you to pay the final amount within 7 days from the date of the invoice. 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 web site within 30 days of receipt of a signed quote and deposit payment, due to non-supply of the necessary documentation, then Kapow Interactive reserves the right to invoice for any work completed to date. This amount must be paid within 7 days of the invoice date.
- Accounts that remain unpaid 14 days after the invoice date will forfeit the bug free guarantee included in the quote.
- Any maintenance requests will be performed at our hourly rate. An invoice will be issued at the end of each month. This amount must be paid within 7 days of the invoice date.
- 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 or email will be charged at our hourly rate except where covered by your hosting 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 digital format.
- Text and images must be provided in full prior to build phase, in a single communication.
- 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. on USB flash drive or CD/DVD.
- 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 functionality is guaranteed.
- Supported platforms and browsers include:
PC: Internet Explorer 8+, Firefox 12.0+, Opera 11.62+
Macintosh: Safari 3.0.4+, Firefox 3.19+
- Mobile devices, tablets and any other systems not mentioned are not supported in this guarantee.
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.
- 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.
- Any client experiencing problems with a web service provided by Kapow Interactive should email firstname.lastname@example.org. Clients should supply the URL of the problem and clearly outline the issue in question.
- Kapow Interactive will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.
Formal complaints procedure
- The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
- A formal complaint should be made in writing to Kapow Interactive who will acknowledge receipt and ensure that the matter is examined within two business days.
- An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.