TERMS & CONDITIONS
Please note the the following terms and conditions are current as of 01/01/2019. All prices include GST. Our pricing and offerings are reviewed annually each year and any changes in prices and offerings take effect from the following month. All clients are required to read our terms in full and agree before commencing any work.
Website Design & Development Terms & Conditions
Proacuity provides the quotation based upon our best understanding of the website scope and requirements gleaned during the course of our conversations and meetings to date. If there are any inaccuracies, please notify Proacuity so that we can make the necessary adjustments. Once the quotation is approved, if there are any changes or alterations beyond the scope as outlined in the proposal, additional costs may be incurred.
The quotation is valid for 60 days and is based on the proposed project commencing within 60 days of the agreement being signed. Proacuity reserve the right to re-quote if the project is yet to commence within 60 days of the agreement being signed. Proacuity will work to the proposed timings outlined in the proposal. However if the project becomes dormant or is delayed beyond Proacuity’s control (such as supplying of content, providing feedback etc) the proposed timings will be adjusted accordingly and Proacuity reserve the right to re-quote on the project if required.
Proacuity will complete the project adhering to the website process outlined in the proposal. If there are any changes to this process beyond our control (such as additional rounds of revisions or additional meetings) additional costs may be incurred.
Website Design & Development
Proacuity is responsible for the design and development of the website defined by the scope outlined in the quotation. Unless specifically outlined in the proposal, Proacuity do not produce wireframes or visual mockups as part of our standard website process. If the client requests Proacuity to produce wireframes or visual mockups, additional costs may be incurred. The website will be designed and developed on a live staging website environment and will be presented to the client via a secure website link for review, feedback and/or approval.
Website Intellectual Property
Upon receipt of final payment, the website’s structure, design and content (images and text) is owned by and is the intellectual property of the client. Any royalty free images purchased during the project may be used by the client, but the intellectual property of these remain with the photographer and image library from where it was purchased.
Proacuity requires final client-approved website content prior to commencing the website design & development. Website content includes such things as logos (branding), website copy (text), images (photos), videos and any SEO meta data. Unless specifically stated in the website quotation, Proacuity websites do not include any copywriting, SEO Research & Optimisation or Video production. If you require any assistance with any of the above items please speak to Proacuity so that we can provide you with an additional quotation & advice.
Website Content Copyright
When providing website content (such as photos, videos or music) clients are required to ensure they have the appropriate copyright approval for the use of the material. Proacuity recommends to always purchase royalty free media to ensure you are rightfully licensed to use it on your website to avoid any legal ramifications.
Website Content Definitions
1. Proacuity defines (1) website page as being a website page containing up to a maximum of 400 words and 5 images.
2. Proacuity defines (1) blog/projects page as being a website page feeding in blogs articles/projects. Proacuity is responsible for the blog/project page template design and population of 2-3 standard blog articles/projects.
3. Proacuity defines (1) gallery page as being a page displaying images in a thumbnail or slide gallery containing 10-15 images.
If any website page content or characteristics exceeds these definitions, Proacuity reserves the right to provide an additional quotation & advice.
Upon presentation of the development website, the client agrees to adhere to the rounds of revisions outlined in the proposal as part of the Summary of Services.
Supplying of Website Copy
When supplying final client-approved website copy, please ensure each individual website page in clearly separated in either a separate word document page or file. No handwritten or scanned copies that require Proacuity to re-type the copy will be accepted. If you require any assistance with copywriting please speak to Proacuity and we can provide you with an additional quotation & advice. Supplying of incorrect or non-final copy that require additional changes made to the website may result in additional costs.
Supplying of Branding
Please provide Proacuity with final client-approved branding along with final colours, fonts and any other visual references that will aid in the website design process. Accepted formats are PSD, AI, EPS and PDF. Supplying of incorrect or non-final files that require additional changes made to the website may result in additional costs.
Supplying of Images/Photography
When supplying images/photography please be sure to provide high resolution images in PNG, JPEG, TIFF or PSD format. When purchasing stock images/photography please purchase and download the highest resolution available. If you require any assistance acquiring stock images/photography or arranging new photographs, please speak to Proacuity and we can provide you with an additional quotation & advice.
Supplying of Videos
Proacuity require videos to be filmed and uploaded in high resolution (HD) to a video content library of choice such as Youtube or Vimeo. Please provide Proacuity with your 1) login credentials and 2) video URL’s to allow us to embed videos so they can be be displayed inside the website. Proacuity does not host any videos on our website servers. If you require any assistance with videography please speak to Proacuity and we can provide you with an additional quotation & advice.
Proacuity optimises every website for optimal user experience appropriate to the capabilities of browsers or devices. Since all browsers and devices have different capabilities, performance and screen sizes, this may mean the website will appear slightly different due to the capabilities of each browser or device. Proacuity test websites in current versions of the major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We do not test non-current, out of date or abandoned website browsers. If required, please speak to Proacuity and we can provide you with an additional quotation & advice.
Proacuity test websites on popular small-screen devices such as iOS: Safari and Android 4.1: Google Chrome, Firefox. We do not test on Blackberry, Opera Mobile, or other mobile browsers. If required, please speak to Proacuity and we can provide you with an additional quotation & advice.
Damage or Loss
Proacuity is not liable for any damage or loss caused to a website once it has been handed over to the client. We encourage our clients to be careful when editing / deleting pages or content as information can be easily lost. Proacuity is also not liable for any content that is on your website.
Every Proacuity website is built on WordPress, an open source CMS (Content Management System) platform that is an excellent solution for our clients’ needs. Proacuity implements a variety of plugins provided by WordPress developers to extend and improve the websites functionality. As part of Proacuity website hosting, support & maintenance plans, we are able to provided many of the plugins free of charge, however if there is any additional functionality required, many plugins can attract additional setup costs and annual licences. Proacuity does not own, nor control WordPress and is not responsible for any disruption, loss of data, limitations or inconvenience.
Every Proacuity Ecommerce website is built using the Woocommerce plugin which out of the box is a flexible and powerful Ecommerce solution. Proacuity implements a variety of extensions provided by licensed Woocommerce developers such as YITH themes to extend it’s functionality. As part of our Ecommerce website hosting, support & maintenance we are able to provided many of the extensions free of charge, however depending on the functionality, many extension will attract additional setup costs and annual licences. Proacuity does not own, nor control Woocommerce and is not responsible for any disruption, loss of data, limitations or inconvenience.
Every Proacuity website is built with the robust WPBakery Page Builder & compatible theme framework. We have found the WPBakery Page Builder to be the industry leader in terms of flexibility, security and produces highly quality, progressive and responsive websites. Proacuity neither own, nor control the plugin. Proacuity is not responsible for any disruption, loss of data or inconvenience caused by the fore-mentioned plugin or themes.
Campaign Monitor & MailChimp
Proacuity utilise the services of both Campaign Monitor & MailChimp to assist its clients with Emarketing when requested. Proacuity also offers selected customers the use of our own eMarketing platform which offers the same functionality and ease of use as the others. Proacuity neither own, nor control Campaign Monitor or MailChimp. Proacuity is not responsible for any disruption, loss of data or inconvenience caused by Campaign Monitor or MailChimp.
3rd Party Platforms/Plugins
Proacuity use 3rd party platforms/plugins to extend the functionality of websites (such as PayPal, Woocommerce, Gravity Forms, Facebook etc). Proacuity neither own, nor control any 3rd party platforms/plugins and are not responsible for any disruption, loss of data or inconvenience caused.
If projects require custom functionality beyond the scope and capabilities of any available WordPress plugins or extensions, Proacuity will provide an additional quotation for custom development work. Proacuity guarantees this work upon launch, however cannot guarantee or be held responsible if any custom development work requires additional future work to resolve errors or issues as a result of Browser, WordPress, Theme & Plugin updates. In these cases, Proacuity reserve the right to provide an additional quotation and is not responsible for any disruption, loss of data or inconvenience caused.
Website Development Payment Terms
Initial 50% Website Payment
Upon approval of quotation, Proacuity will provide an initial 50% invoice to activate the project. Once payment is received the project is activated and a website planning meeting is organised.
25% Website Progress Payment
Once a new website is presented by Proacuity for client review, Proacuity will issue a 25% progress invoice. Payment of this invoice is required prior to any further work.
Final Website Payment
Once a website is approved for launch, Proacuity will issue the final invoice which is due for payment prior to the website going live. The invoice will comprise the remaining 25% plus additional work completed as a result of alterations to the original scope. In cases where there is a client-side delay in the project, this final invoice will also be issued 60 days after the initial invoice and is due 60 days after initial 50% invoice or whichever comes first.
Website Project Alterations
In some instances clients opt for additional website alterations during the course of the planning, design & development of their website (such as additional pages or additional functionality etc). This is totally fine as Proacuity understand the fluidity of projects where there are many stakeholders involved. Whenever this occurs, Proacuity will always notify clients about the impact of any extra costs for full transparency. Upon website approval, Proacuity will invoice the client for any additional alterations agreed to during the website project.
In the case of unforeseen client cancellation; 1) Proacuity will provide a refund less an administration fee of 10% if cancelled within 30 days of payment & prior to a website planning meeting. OR 2) No refund will be provided if the cancellation occurs after the website planning meeting.
Proacuity websites proudly feature a small Proacuity logo at the bottom of the footer. This is our way of showing the world how proud we are to have built the website.
Website Hosting, Support & Maintenance Terms & Conditions
Proacuity provide website hosting, support & maintenance on a month to month basis for our clients with no locked in fixed term agreements. We highly recommend this service. This service Includes:
POP Email Hosting (Optional)
Phone & Email Website Support*
Software Updates (WordPress/Theme/Plugins)
Premium Theme/Plugin Licences
Access to Videos Tutorials & Online Manual
Nightly Website Backups
SSL Certificate (Licence Free)
Security & Uptime Monitoring
* Service level depending on the following website hosting, support & maintenance plans:
2hrs Phone & Email Support / Year
Shared Hosting Environment (Low Traffic – up to 1500 Visits / Month)
Basic Website Firewall l (Software Application)
4hrs Phone & Email Support / Year
Dedicated Hosting Environment (High Traffic – up to 5000 Visits / Month)
Enterprise Website Firewall (Juniper Hardware)
6hrs Phone & Email Support / Year
Dedicated Hosting Environment (High Traffic – up to 5000 Visits / Month)
Enterprise Website Firewall (Juniper Hardware)
Website Hosting, Support & Maintenance Exclusions
Setting up email on mobile, laptop or PC devices Technical support for Phones, Computers, IT and Internet help Performing work or support of 3rd Party Platforms/Plugins such as PayPal, Facebook or Mailchimp etc Absorbing the cost for renewal of new/current domain names SSL Certificates Required for Ecommerce Unlimited bug fixes
Each website’s theme and premium plugin licences are owned by Proacuity and are not intellectual property of the client nor transferable. Clients can always purchase their own licences if they choose to, and will be required to do so if they request to release their website.
POP Email Hosting
Proacuity is a business re-seller partner of Synergy Wholesale Pty Ltd for domains and POP emails. As part of this POP email service, Proacuity will liaise with Synergy Wholesale on our clients behalf to resolve any technical issues. Proacuity is not responsible for any email downtime, or related costs or damages associated with the email services being down for any period of time. In the event of downtime, Proacuity will work closely with both the client and Synergy Wholesale Pty Ltd to rectify any issues in a timely manner. With every website hosting, support & maintenance plan, each Proacuity client is entitled to the option of setting up to 5 POP email addresses (1GB limit each) and 3 email forwarders. POP emails rely on users to download the emails to their local desktops or mobile devices, Proacuity is not liable or responsible for the loss of any data. If clients require more than the allotted 1GB limit, please contact Proacuity and we can provide a quotation for a higher mailbox limit.
Proacuity partners with Australian-based web hosting providers and provides shared & dedicated hosting services and SSL certificates for our clients. Our providers offer renowned performance and uptime (99.99% uptime as per their guidelines). As part of this service, Proacuity will liaise with them on our clients behalf to resolve any technical issues. Proacuity is not responsible for any website downtime, or related costs or damages associated with the website being down for any period of time. In the event of downtime, Proacuity will work closely with both the client and our providers to rectify any issues in a timely manner. If a client’s website monthly traffic exceeds the amount outlined in their specific plan, Proacuity reserve the right to move the client up to the appropriate website plan or provide a quotation for a suitable custom solution.
Phone & Email Support
Proacuity clients have exclusive access to phone (+61 402 698 456) and email support (firstname.lastname@example.org). Support is measured via our time tracking system in 5 minute increments and is limited to the hours specified in each website hosting, support & maintenance plan. We understand some clients require more phone & email support than others, so If the allocated support hours are exceeded, clients will be notified and any additional support will be charged in 15 minute increments at our current hourly rate, billed quarterly upon use. The allocated support hours for every client is re-started on the 1st January each year. Support is offered between 9am to 5pm Mondays to Fridays and is exclusive for Proacuity clients. Support is not available on Public Holidays or over the annual Christmas closed period. During peak times, there may be a 24-48hr response time for any support.
Proacuity performs automatic backups of every website on a nightly basis and backups are stored for 30 days. These backups are saved and stored to an external source in line with our best security practices.
Occasionally a website may appear broken as a result of software updates (WordPress, Theme & Plugins) or by other means such as user, browser, desktop & device error. Proacuity will work to fix all website bugs including performing additional updates & troubleshooting by contacting website & email hosting providers, WordPress and theme & plugin authors. Support time for bug fixes will be deducted from the yearly support allowance for each client. Proacuity cannot provide unlimited bug fixes as Proacuity is not responsible for the development & maintenance of WordPress, Theme makers & the various plugins being used to operate each website.
Proacuity clients are granted Editor level access to their websites enabling them the ability to easily add / edit / delete pages or content. Proacuity remains as the sole Administrator for the website. For security reasons, unless requested in writing, Proacuity does not grant Administrator or FTP/cPanel access to clients or 3rd parties as Proacuity cannot warrant or guarantee any work performed by 3rd parties. Proacuity is not responsible for any loss or damage to the website, backups or database once Administrator access has been given.
Domain Name Ownership
Whilst Proacuity manages the domain names for many of our clients, legally each and every domain name remains the property of our clients who are the rightful ABN/ACN holders of their business. Should any client wish to be released, Proacuity agrees to assist in releasing the domain name(s) free of charge. Proacuity will not release the domain name(s) if there are any outstanding monies payable by the client.
Review of Services
Proacuity reserves the right to perform annual reviews of it’s services and prices. In case of any change, Proacuity will notify clients prior to new services and prices being implemented the following month.
Release of Website
Proacuity requires 30 days notice should a client request to cancel or release their website. Upon request, clients are required to acknowledge the transfer of responsibilities and termination of ongoing web hosting services & support upon release. Once agreed, Proacuity will provide client the EPP code required to transfer the domain name, and remove all premium plugin licenses & associated tools and backup the website (core & database files) and provide client a downloadable link via FTP. Once provided, client has a 30 day window to set up new website hosting, arrange transfer of their domain and engage the services of a web developer to perform the website migration. Proacuity is not responsible for the migration of the website, or the setup of email addresses and forwarders on the new servers, all of which are the responsibility of the client. After 30 days, Proacuity will remove website from it’s server and cancel all services. Proacuity is not responsible for any loss of data during this process.
Migration of WordPress Website to External Hosting Provider
At any stage during the project or after launch, should a client request Proacuity to perform a migration of the website to an external website hosting provider, a migration fee of $330 incl GST will be levied. Proacuity requires 30 days notice to perform migration. Unless request and quoted upon, Proacuity is not responsible for the setup of the new website hosting or the setup of email addresses / forwarders on the new servers, all of which are the responsibility of the client including Domain Name Transfer, DNS Record Updates, Zone or Email records. Upon payment of the migration fee, Proacuity will migrate the existing website to the new hosting allocation. Proacuity is only responsible for the migration of the current website and ensuring the correct website functionality is maintained. The client will be given a list of WordPress website server requirements & plugin licence details to ensure their chosen hosting environment is suitable prior to transfer.
Monthly Hosting Payment Terms
Proacuity Clients can choose to pay for their website hosting & support in two ways:
Pay an annual 12 months invoice. Issued via invoice at the start of the 12 month period and can be paid via EFT.
Monthly Automatic Deductions via eDebit (Credit Card & Debit Card Payment Options available)
Clients choosing to pay via Monthly Automatic Deductions must complete our eDebit online form (https://www.proacuity.com.au/edebit) prior to the website going live. The monthly direct eDebits will be transacted on or about the 1st business day of each month. The first payment will occur during the month following the receipt of the eDebit form. Proacuity clients are responsible for any changes to their direct debit information and must inform Proacuity of any changes to their card details. Please note if clients wish to pay via credit card, there will be a 1.65% surcharge for VISA and MasterCard. Proacuity does not accept Amex or Diners at the moment for payments.
If the automatic eDebit defaults, it is automatically reprocessed until paid in full plus a penalty fee of $11 per eDebit default and will continue to be reprocessed until paid. Proacuity clients paying by automatic eDebit agree to pay all bank, reference, debt collection or legal fees associated with any default or legal proceedings to recover outstanding fees.
Cancellation / Failure to Pay
Cancellation of the automatic debit requires 30 days notice in writing. Cancellation of hosting will result in the suspension and removal of the website from the time payment ceases. Failure to pay within 30 days will result in the suspension of your website and email accounts until full payment has been received. Upon failure to pay within 60 days, Proacuity reserves the right to terminate the associated website and email accounts as the services are no longer being acknowledged or paid for / required.