The fine print

Standard Terms & Conditions

These are the Standard Terms and Conditions, which form the contract between Bone Digital and all clients. The following terms and conditions apply to all Website, Software, and Application development – also referred to herein as “the works” – created by Bone.Digital.

Bone Digital reserves the right to change any rates and Terms without notice. As such the Terms will be current at time of reading only. The Client should obtain and read the current Terms, which are published at bone.digital/terms.

Costs

1. Payment

All project estimates are provided in Australian Dollars, unless specified, and GST will be applied to all invoices. A deposit fee will be invoiced and due immediately upon approval of the estimate and proposed timelines, to ensure that schedules can be finalised for this work. The remaining fee shall become due when the work is completed as per the stages set out in the quote. Payment terms for remaining invoices are strictly 14 days.

2. Overdue payments

If payment has not been received by the due date, Bone Digital has the right to suspend ongoing work for client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 14 days after the due date, Bone Digital has the right to replace, modify or remove the website and revoke the client’s license of the work until full payment has been received. In the case of hosting or maintenance agreements, this may result in the suspension of your account.

By revoking the client’s licence of the work or removing the website from the internet, Bone Digital does not remove the client’s obligation to pay any outstanding monies owing.

3. Development variations

Feedback and revisions are included and timings outlined in the estimate. Feedback can include author's corrections, minor styling issues, refinements to type sizes, colours, comments on how any transitions are working. Any feedback must be collated and delivered together. Additional corrections or draft revisions, outside those specified, will be classed as a variation and will be billed at a rate of $150/hr. Any ‘major’ changes, such as structural layout changes that vary significantly to the designs, will be identified and quoted at a rate of $150/hr (or $225/hr if required at priority), before development proceeds.

Works requested outside those described in the above estimate, or changes requested after the site has been fully signed-off, will be quoted separately or charged at an adhoc hourly rate of $150/hr. This does not include fixes to bugs or technical issues (see Warranty Period).

4. e-Commerce

As a client of Bone Digital you are responsible for complying with all relevant laws relating to e-commerce, and, to the full extent permitted by law, will, protect, defend and indemnify Bone Digital from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of internet electronic commerce.

5. Warranty Period

Any work carried out by Bone Digital carries a one month warranty period where any bugs or errors discovered after the handover of the final staging site to the client (e.g. for content population), will be fixed free of charge. It is the discretion of Bone Digital whether any further bugs that arise after this date are fixed free of charge. Small tweaks to the website can also be made in this period free of charge. It is the discretion of Bone Digital whether any tweaks can or cannot be covered under this warranty. After one month, Bone Digital would be happy to discuss an ongoing maintenance agreement with the Client, which can be adapted to suit their requirements.

Content

6. Supply of materials

The client is to supply all materials and information required to complete the work in accordance with the agreed specifications. Such materials may include, but are not limited to, photographs, written-copy, logos and other digital materials, logins or passwords to third party products (e.g. social media accounts). Where the client’s failure to supply such materials leads to a delay in completion of the work, Bone Digital has the right to extend previously agreed deadlines for the completion of the work by a reasonable amount. Where the client’s failure to supply materials prevents progress on the Work for more than 10 business days, Bone Digital has the right to invoice the client for any part or parts of the work already completed.

7. Warranty by client as to IP ownership

The client will obtain all the necessary permissions in respect to the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Bone Digital and/or includes in their website or web applications. The conclusion of a project between Bone Digital and the client shall be regarded as a guarantee that all such permissions have been obtained, and that the inclusion of material on a website or in the software would not constitute a criminal offence. By agreeing to these terms, the client removes the legal responsibility of Bone Digital and indemnifies the same from any claims or legal actions, however related to the content of the client’s website or software.

8. Licensing

Once Bone Digital has received full payment of all outstanding invoices and the work has been approved by the client, to the extent that any law prevents or prohibits full ownership in the website and its design including all intellectual property belonging to or transferring to the client, the client will be granted a licence to use the website and its related software and contents for the life of the website. The licence of use can be transferred to another party if that party has bought or acquired the business from the client. Written notification must be made to Bone Digital if the licence is to be transferred.

To the extent that any website code ownership of which cannot pass to the client under these terms and conditions, or that is not freely accessible to third parties and not in the public domain, and to which Bone Digital or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Bone Digital. Unless previously agreed otherwise in writing, no modifications may be made by the client or any third party to code to which Bone Digital or their suppliers owns the copyright.

General

9. Approval of work

On completion of the work stages, the client will be notified and have the opportunity to review a test site link. The client should notify Bone Digital in writing, of any feedback or unsatisfactory points upon receipt of such test links, and within the timeframe outlined in the estimate. Any work that has not been reported in writing as unsatisfactory within the review period, will be deemed to have been approved. Once approved or deemed approved the contract will be deemed to have been completed and the balancing payment will become due. Work cannot be subsequently rejected.

10. Project delays and client liability

The proposed timelines are contingent upon full cooperation of the client, and receipt of complete and final designs and/or content for the website. During development there may be questions or feedback required in order to progress to subsequent phases. A single point of contact is to be appointed from the client side, and made available in order to expedite the feedback process. Furthermore, incomplete content, or content requiring alteration during the development phase can add delay to the project. Bone Digital cannot be held to the agreed delivery date if the above conditions are not met. If the website development is delayed for more than 10 business days by the client, or is halted indefinitely, Bone Digital will invoice for completion of work to date where reasonable. If this occurs, additional costs may be imposed if the project is resumed at a later date.

11. Cross Browser Compatibility

By using current versions of well supported content management systems such as “Wordpress”, Bone Digital endeavours to ensure that the websites we create are compatible with all recent versions of commonly used web browsers such as Edge, Firefox, Google Chrome and Safari. However, please note that we no longer support Internet Explorer or Opera, and cannot guarantee compatibility when using in-app browsers such as LinkedIn or Facebook. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate Bone Digital will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found. Please ensure that your browser is up to date, prior to testing the staging link.

12. Search Engines

Bone Digital will perform basic search engine optimisation and build your website according to current best practice. Bone Digital does not guarantee any specific position in search engine results for your website. For additional tips on how to optimise your site to improve visibility on search engines, refer to the Google starter guide.

13. Hosting

Bone Digital are pleased to offer a premium hosting service to all customers. Websites are backed up daily and kept for a period of 14 days. Our servers and website software are kept up to date at the best of our ability. We do our best to minimise downtime during these updates. Bone Digital cannot give a 100% guarantee that there will be any hosting interruptions or downtime from its hosting supplier and shall attempt to inform of any scheduled updates or maintenance, but we have achieved 99.9% uptime in the past. Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by Bone Digital.

The Client recognises that the continued operation of the website might be compromised by a third party hosting company or developer. In that instance, if the website requires service the Client will be liable.

14. Third party access

Bone Digital does not provide ‘Top Level’ admin access or file access for any of our Wordpress websites, unless a special request is made by our clients. In these circumstances, any remaining warranty time left on the project will be cancelled.

Bone Digital cannot be held liable for any damages, data breaches, data loses incurred, or errors that arise on the site - in relation to your content or website in any form - after file access has been granted.

Any requests to rectify errors arising after access is provided, is seen as troubleshooting by our developers and a priority rate of $250/hour will apply.

Ongoing support

15. Why a Maintenance Agreement / Service Level Agreement?

Web maintenance is an important part of managing any website. Having a website that is out of date or functioning incorrectly is just as bad as having no website at all, so it’s important to make sure that you try to keep your website up-to-date. Due to the rapidly evolving nature of website development and ongoing updates in digital technology (third party plugins, CMS platforms, APIs, browsers) Bone Digital advises clients to consider taking up a maintenance and support agreement, to ensure that your website remains current and functioning efficiently after your warranty expires.

16. Maintenance

Website Maintenance assists with technical and operational support related to your website. Assistance includes interaction with a Content Management Systems (CMS), maintaining platform (e.g. Wordpress), plugins and themes where necessary, to ensure the safe, secure, efficient and effective running of your website.

This maintenance may include, but is not limited to:

  • Updates to Content Management Systems, e.g. WordPress theme updates such as changing a colour or typeface, adding a new content field
  • Creating and maintaining custom tools and functions, and updating when requested
  • Maintaining social plugins, forms, forums, login areas live chat and dashboards
  • Troubleshooting bugs and answering queries
  • Implementing Google Analytics and tracking codes (not monitoring)
  • Updating Google Map integrations when API updates are launched by Google
  • Maintaining responsivity and browser compatibility
  • Maintaining and updating any eCommerce platforms and integrations between other platforms (including Xero, Freight plugins) and liaison with these other providers as required
  • Building and implementing Galleries, Pictures, Slideshows, Rich Media.

The support can be routine or planned (recommended for larger, complex sites), ad-hoc, or emergency (requiring of immediate action by the Service Provider "Bone Digital").

No new Development company or freelance individual is permitted to work on your site’s code files, while Bone Digital are the primary developers and maintenance providers.

Please contact hello@bone.digital to discuss your ongoing maintenance needs and payment options.

Just between us…

17. Confidentiality

Bone Digital acknowledges that all information and materials provided to us by the client under, and in connection with, the works are supplied solely for that purpose and Bone Digital specifically acknowledges that the information provided is communicated or made available on terms of strict confidentiality. Bone Digital acknowledges and that the client may suffer damage as a result of the disclosure, communication, or use of that information or any part of it to or by any unauthorised person. Confidential information will be used by us only:

  • for the primary purpose for which it was obtained
  • for a secondary purpose that is directly related to the primary purpose with your consent;
  • or where required or authorised by law in accordance with Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act).

Should your company require Bone Digital to sign a confidentiality agreement relating to your company’s business interests and projects, we would be happy to do so.

18. Privacy. What is GDPR?

The EU General Data Protection Regulation (GDPR) came into effect on 25 May 2018. It has been designed to harmonise data privacy laws across the European Union (EU) and offer enhanced privacy protections for individuals in the EU. The extra-territorial reach of the GDPR is arguably the biggest regulatory change for data privacy laws internationally. The extra-territorial scope of the GDPR is designed to make entities accountable for their data processing activities, regardless of their location, when processing the personal data of individuals in the EU. Bone.Digital encourages and supports the creation of an Online Privacy Policy by all clients. It is the responsibility of all client’s to ensure they correctly adhere to the GDPR regulations.

A helpful factsheet has been created by the Office of the Victorian Information Commissioner to help you work out your GDPR obligations: www.cpdp.vic.gov.au/