The Intro

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We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.

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What do we both agree to?

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You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation.

You’ll give us the assets and information we tell you we need to complete the project within a timely manner as delaying this will delay your work. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this agreement.

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Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

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GETTING DOWN TO THE NITTY GRITTY

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Design 

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We create look-and-feel designs with flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

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You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share screenshots or demonstrate on site with you and you’ll have regular contact with your account manager.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking we’ll retain your upfront payment for the time we’ve spent working with you until that point and terminate this agreement.

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Text Content

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Unless agreed separately, we’re not responsible for inputting text or images into your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.

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Graphics & photographs

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You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide the images although your options will be limited.

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Website development

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We deliver web page types developed from Cloud based development tools, that are mobile friendly.

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Browser testing

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Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

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Mobile browser testing

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Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

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Technical Support

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Ongoing support is part of your Package Subscription, you will be assigned an account manager and they will be your point of contact in the event you require support. Please be advised, this is strictly support only and will not include changes to design or content. In the event you require immediate changes outside of your monthly quota, we will provide a separate estimate for this.

For email and domain support, we are pleased to advise this is available for you 24/7.

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Search Engine Optimisation (SEO)

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We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.

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If you choose the Package Subscription that includes SEO, we will complete all necessary steps to ensure your websites ranking is improved but we do not guarantee a top ranking.

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Changes & Revision

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We don’t want to limit your ability to change your mind, so we have included monthly updates in your Package Subscription (refer to your package inclusions) which are available to you every month. There are limitations to updates so please refer to your initial package inclusions.

Please be advised that for changes and revisions, it is your responsibility to submit a request to our team via our online form each month (not later than 5 days prior to the months end). Please note that we will not roll over your monthly change and revision allowance so please keep this in mind in the event you miss submitting a request for that month. If you require further updates, we’ll provide a separate estimate for each change.

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Legal stuff

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We’ll carry out our work in accordance with good industry practice and at the standard expected from a person with relevant experience.

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That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

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Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

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Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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Phew.

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Intellectual property rights

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Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

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First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

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We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

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During your Package Subscription period, the website and content rights will belong to you but will be housed, managed and run by Adene. Following your Package Subscription end date, if you choose not to renew your subscription, Adene will transfer all ownership and management rights over to you and will provide support for 30 days post hand over. Following the 30 day handover, Adene will release all responsibilities to the website but if you require us to support, host or complete updates for you, we’ll be happy to help and provide a separate estimate for each job.

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In the event you fail to meet your agreement and your contract is terminated, all rights to your website, design and work completed by Adene will remain property of Adene. Your content and files you have provided will remain your property and will not be used again by Adene.

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Displaying our work

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We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

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Payments & Subscription 

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Once you have paid your set up fee in full, we will commence work on your package. Following the completion of your package and it is live, your monthly Package Subscription payments will start with authority from you and continue monthly on the same date.

All payments will be via Direct Debit. Failure to meet a monthly payment will result in your website and other products within your Package Subscription to be cancelled within 72 hours and ownership will remain with Adene.

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Failure to meet your agreement, will deem this as you are terminating your contract and you will be required to pay out the subscriptions minimum spend (refer to Package details).

We understand that there are unforeseen circumstances which may result in failed payments, so we agree to provide support where it no longer impacts us as a business.

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Work outside of standard Package inclusions will require a payment based on the estimate provided. Payments for this work are required upfront prior to any work commencing.

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During your Package Subscription, you have the option to upgrade your plan. When you upgrade your plan, there will be no fees or termination costs, although your plan will start again with the new plan monthly fees. You may also be required to pay the difference in set up costs depending on the work to be completed.

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Unfortunately, we cannot support any requests for subscription suspensions for your Package Subscription.

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Subscription renewal

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Your Package Subscription will automatically renew at the end of your subscription period unless advised in writing by you to cease Package Subscription and not auto renew.

Package Subscription payments are non-refundable so please ensure you let us know if you no longer want to continue your Package Subscription otherwise payments will continue.

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Surely there's some horrible small print?

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Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

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We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious, and this agreement is a legal document under exclusive jurisdiction of the Australian courts.

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Ok so where do I sign?

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To be simple there is no dotted line, although please be advised that you will not be permitted to continue with the order of your Package until the Acceptance box on the sign-up form has been ticked indicating that you fully understand and agree with this agreement.

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Please note that we are giving you the opportunity to read this agreement, ask questions, gain clarification, and to NOT agree if you do not understand or in fact you just do not agree. As you have had the opportunity to read and understand this agreement, by agreeing (and ticking the box) you will not be able to use the “I didn’t read it” or “I don’t understand it” complaint.

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If you require any further clarity please don't hesitate to contact us.

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