Service Agreement & Terms and Conditions

These terms and conditions are the contract between you and Jaffe Websites (“us”, “we”, “Jaffe Websites” etc). By visiting or using our website, signing up or purchasing any of our products or services, you agree to be bound by the Terms and Conditions outlined on this page.

We are Jaffe Websites, currently a sole-trader registered in Australia, ABN 29 557 988 220.
Our address is 2 Cervara Street, Mentone.You are: Anyone who uses Our Website or buys any Service from us over the age of 18.
If you are under the age of 18, please ask someone over 18 to use our website and/or purchase products/services on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should not sign this agreement, stop using the site and/or our Services immediately.

Our Services

Jaffe Websites will aim create a strategy, design and bespoke development that meets the needs of your business. We will incorporate any agreed branding, profile, logos, commentary, colour themes and images etc. Jaffe Websites will provide regular communication via email and phone throughout the entire website development process.

Right to Service – Jaffe Websites reserves the right to refuse service. This may include if the requests are not aligned with our business operating principles and policies, illegal or are outside of the general scope of services provided by Jaffe Websites.

Indemnity – You will indemnify and hold Websites, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms and Conditions or any other terms, conditions, policies or procedures contained on the web site, including, without limitation, any use of content other than as expressly authorised in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and legal fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.

Severability – The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Waiver – No failure or delay on the part of Jaffe Websites to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Jaffe Websites preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by Jaffe Websites to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

This Agreement – This agreement constitutes the sole agreement between Jaffe Websites and the client regarding the project. Any additional work not specified in the scope or any other amendment or modification to the package must be authorised by a written request signed by both client and Jaffe Websites. Unless otherwise stated all prices specified are quoted in Australian Dollars.

Legal Notice – Notwithstanding anything to the contrary contained in this contract, neither Jaffe Websites nor any of its employees warrant that the functions contained in the service will be error-free. The entire risk as to the quality and performance of the service is with the client. The client agrees to defend, indemnify and hold Jaffe Websites harmless from any and all liability, proceedings, actions, loss, damages or claims or other events, which may arise from the service and that such indemnity survives termination of this contract. In the event of an act of major catastrophe such as theft, terrorism, earthquake, riot, civil disorder, flood, fire, storm or other major disaster Jaffe Websites reserves the right to suspend all its obligations under this contract or void the contract at its option. In any event the client fully agrees that Jaffe Websites maximum liability will be limited to the fees actually paid by the client to Jaffe Websites less any reasonable costs incurred to date. This contract is governed by the laws in force in the state of Victoria in the Commonwealth of Australia.

Website Strategy, Design, Development, General, Ad-hoc and Maintenance Services

Project Commencing Date – Jaffe Websites considers your project as active on receipt of full deposit being paid via any of the methods outlined on the invoice and agreeance of these terms and conditions. Completion times are outline in your project proposal and based on you “the client” providing images, written content and other media to be used in the site. This time frame cannot be guaranteed. During the project the client will need to respond to additional content, questions and feedback requests and as such Jaffe Websites cannot be held accountable for delays in completion should the client be slow to respond to these communications and decision making.

Expediated turn-around times – Jaffe Websites can on occasion provide faster turn-around times for an additional fee which is determined on a case by case basis. To be able to achieve this without compromising the time frames for other client’s projects, work is performed outside normal business hours, thus the additional fee. As above, this turn-around time is still dependant on the client providing any required images, written content and other media to be used in the site, as well as responding to additional content requests, along with other questions and feedback requests and as such Jaffe Websites cannot guarantee the exact turn-around time frame.

Strategy – Jaffe Websites takes care to understand your business, goals, industry and competitive landscape for the project. All strategy inclusions are outline in your proposal.

Design – Jaffe Websites will design the website with the agreed number of designs files outlined in your proposal. Design work above and beyond the scope, or that varies from original content structure supplied by the client and within supplied quote may be requested at an additional charge. Jaffe Websites will accept minor design changes to the project before it is published. Minor design changes will not include navigation structure changes, page reconstruction, logo re-design, animation re-design or any other major website features that form part of the design specifications. Minor changes may include colour changes, text or images.

Content – It is the client’s sole responsibility to provide all content (text and images) unless otherwise discussed. Jaffe Websites can provide the services of a professional copywriter if required at an additional cost. Stock images can also be provided at an additional cost if required. Jaffe Websites is not responsible for the images and content published on the website. Please read our terms below on images, ownership copyrights and trademarks. Jaffe Websites aims to complete a high-quality design for their customers at a reasonable price. To ensure we can provide best service to our customers, we expect that the customers provide appropriate and definite information for all the design work. We accommodate two design refinement rounds per file. If additional design refinements are requested, Jaffe Websites reserve the right to log and apply additional applicable charges.

Images and media – Please see details following on Copyright & Trademarks, and Ownership. All images used within a website or print document must comply with Australian copyright regulations.
The following is applicable to all website designs that include stock images provided by Jaffe Websites: Jaffe Websites purchases stock images that are provided with either a standard or extended license agreement. This license agreement gives Jaffe Websites the authority to use the image without infringing on any copyright, moral right, trademark or other intellectual property right or violate any right of privacy or publicity. The license agreement is not transferable and does not allow Jaffe Websites to give the images away. Should the client transfer the website to another designer, or hosting provider, or cease to continue using the services of Jaffe Websites for any reason, the client will be required to purchase all stock images with the license agreement.
A standard license is generally included in the purchase price of most stock images giving the owner the right to use the image on the web only. Should any image be required for printing, a higher resolution image will need to be purchased at an additional cost, and in some cases the extended license will need to be purchased which gives authority to print large quantities.

Compatibility – While Jaffe Websites will make reasonable efforts to design a cross-platform compatible website, compatibility with all browsers is not guaranteed. There may be 3rd party components such as SSL certificates, plugins, scripts etc. involved in building your website. Although Jaffe Websites will make reasonable efforts to ensure suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control.

Paid Plugins, Themes and other 3rd party costs – If any 3rd party components are required to build your website, initial costs will either be included in the quote or it will be communicated to the client that they will be required to pay for it themselves. When developer versions of paid plugins are available this will be installed by Jaffe Websites free of charge however, developer versions do not come with automatic updates or support. Updates for these plugins will either have to be performed by Jaffe Websites or the client can purchase their own licence(s) in order to gain access to updates. If no developer version is available for any required paid plugins a fully licenced version will be purchased. If this is done by Jaffe Websites on behalf of the client, future renewals will be the responsibility of the client and Jaffe Websites responsibility will cease when the first subscription period has concluded.

Once the website is complete and handed over to the client, any on-going 3rd party costs are the sole responsibility of the client.

Designer Delays – Jaffe Websites shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Jaffe Websites may extend the due date for any Deliverable by giving written notice to the Client. The total of all extensions shall not exceed [30] days.

Client Delays – Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by the Client will result in a day-for-day extension of the due date for all Deliverables. Unless otherwise expressly agreed, it is the client’s responsibility to provide all content (written copy, images, videos etc.) in order to create the website. This must be supplied within a reasonable time-frame, ideally within 2-4 weeks of project commencement. Delays in supplying all content required to complete the site will result in the development being put on hold. Should the project hold period reach the 6 month the original quoted price will no longer be valid and should the client wish to continue a new quote will be required which the client can either accept or reject. If rejected, our cancellation and refund policies (see below) apply.

General Delays – Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism and epidemics.

Proofing Stage – Once the website has reached proofing stage, the client must respond with any feedback and/or change requests within a two-week period to avoid delays in the client’s and other websites currently being developed by Jaffe Websites being published. If the client fails to provide any feedback and/or change requests during this time, the project will be considered complete and handed over to the client as is. The client can request more time if needed but a $50/week administration fee to keep the project active will apply for each additional week requested.

Project Delivery – The website will be developed and published to the client’s allocated domain name and hosting account. Interpretation by Jaffe Websites of the design specification will be final. Once the project has been published on the client’s specified domain and hosting account the website is considered to be live and published designating the end of the design project. It is the Clients sole responsibility to finalise content for the website. Jaffe Websites is not responsible for unfinished pages after publication, additional design works after publication will be charged at our current hourly rate for either design or development depending on the task. The client also gives permission for a credit link to be included in the footer of the site.

Website Maintenance & Support – Jaffe Websites will provide free maintenance/updates and technical support for two weeks after the website has been published. After this time, any additional work and/or support is billable. Additional fees apply for any site maintenance or extra design work, subject to acceptance. A full quotation will be provided before any design or maintenance works commence.

Responsibility after Publication – After publication and/or once the support period has expired, Jaffe Websites will not perform or store backup sets of your website. It is the client’s sole responsibility to perform and store backups of their own website files and databases. Jaffe Websites will also no longer store the website files used to create the site. These files will be provided to the client in a zip folder at which point it is their responsibility to store. Jaffe Websites will not be held responsible for any loss of valuable files or data due to server malfunctions, account user interference, intentional or unintentional misuse or any external interference such as hacking. Once the website has been installed and published, Jaffe Websites is not responsible for any future content, changes or technical problems that may result from updates made by the website owner or any other party. Client accepts full responsibility and absolves Jaffe Websites from any responsibility for the website after publication.

Ownership – Unless advised otherwise, the person or legal entity is the exclusive owner of the website design content which includes the uploaded files that are stored within the allocated web server providing full payment has been received. This does not include: any code source files, any original stock images, any photoshop (.psd), illustrator (.eps or .ai) or inDesign (.indd) source files – these original source files remain the property of Jaffe Websites.

Copyrights and Trademarks – Jaffe Websites is not responsible for the images and content published on the designed websites. It is the client’s responsibility to ensure that all images, fonts and content published on their website conform to the Copyright Act. If any of the images and content are not lawfully owned or licensed by the website owner, explicit permission to use them must be obtained by the client.

Hosting – If we provide hosting services for the Website, those hosting services are governed by our Hosting Terms and Conditions which can be found below.

Website Design & Development Project Cancellations & Refunds – Either party may terminate the project at any time upon giving written notice to the other via email or registered post. In the event of termination, all indemnities shall continue. The deposit payment and any milestone payments already received are non-refundable in all circumstances and additional payment may be required in the amount of a prorated portion of the total fees due to compensate for all hours expended on the project up to the date of termination.

Cancellation of a design agreement, ceasing to continue with services provided by Jaffe Websites, or failure to make payment releases the client of any ownership rights.

Website Hosting Services – WordPress

Should the client request for Jaffe Websites to manage hosting for the website this will be done so under a client owned cPanel account administered by Jaffe Websites.

Hosting Payments – Hosting charges are billed annually unless otherwise arranged with mutual agreement. Payment is required in advance as are renewal payments and must be received within 2 weeks of issue. Jaffe Websites reserves the right to suspend the hosting account until payment is received.

Website Hosting Cancellations – Client may cancel at any time however all payments received are non-refundable or transferable. All cancellations must be received in writing via e-mail. Phone requests will not constitute acceptance of any cancellation.

Servers – Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers. We make no warranty that the service will be error free or free from interruption of failure, and Jaffe Websites expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

Payments

Projects quoted below $500 require full payment upfront.
Projects quoted between $1000-$2000 require a 50% deposit before the commencement of any work with the remaining balance due upon completion.

Projects quoted $2000> require a 33% deposit before the commencement of any work, 33% due upon design approval and the final 33% on completion of development and training delivered.

Payments may be made via credit card and direct bank deposit. All payments are non-refundable once the design process has begun. Jaffe Websites will not release completed projects to the customer until full payment has been received.

Overdue payments – Overdue accounts will be subject to a late payment fee at a rate of 10% p.a. of the total invoice cost calculated fortnightly with a minimum amount of $10. This fee will be charged fortnightly and commence from the first fortnight following the due date and each fortnight thereafter until the account is paid in full. Late payment fees are non-refundable once added to an amended invoice and reminder notice sent.

Account due dates vary depending on the project type; they are either due upon receipt, within 2 weeks or at most 30 days which will be stipulated as such on the invoice. In the event an overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

Website Payment Plans

During repayment period – Work on the website will commence immediately following receipt of the initial deposit payment and instalment. Upon completion of the website Jaffe Websites retains sole ownership of the website and it will be hosted on our servers (for no longer than the chosen repayment time or 12 months).

The site will be 100% fully functional and you will just be given access, but it will be restricted to an “editor” role. This means you can access all of the content, but not the website’s themes, plugins, widgets or settings. In short, you can work with all of the content (pages, posts etc.), but cannot change any settings. Any updates required outside the scope of the customers role will have to be performed by Jaffe Websites (which is billable).

If e-commerce is installed on your site, you will also be given the role of “shop manager” so you can manage the e-commerce section of your website and your products and orders.

As soon as the website is paid for in full you will be given unrestricted access.

If you would like a dedicated domain email address during this period, Jaffe Websites will assist you to setup a 3rd party provided email service such as Gsuite.

Payments – For payment plans we only accept credit card payments (Visa & Mastercard) which is processed through Stripe. Once a payment plan term has been agreed upon it cannot be altered. Payment amounts are rounded to the nearest 10 cents.

All of our website payment plans are on a monthly billing schedule and the date the payment is processed is based on the day it is purchased. For example, if your payment plan is purchased on the 15th November, your next instalment will be processed on the 15th December and so on.
If an instalment payment fails and isn’t received within 30 days the website will be taken off-line until the debt is recovered.

Early Payouts – Should your circumstances change you can end the payment plan early with no early payout fees. We require at least 7 days’ notice before your next subscription payment is due to be processed in order to calculate your final payment figure and cancel the payment plan. Failure to give sufficient notification may require your early payout to be processed in the following subscription renewal date.

Payment Plan completion – Once full payment is complete you will obtain full ownership; the site will be transferred to your own hosting & unrestricted access will be enabled.

Website Payment Plan Cancellations & Refunds – This is an agreement like any other and you will still be obligated by these terms and conditions to pay for your website as you would were you paying for it upfront. You can cancel your web design project with us however we will retain payment/s made and may require additional payment, whatever is required to compensate for all hours expended on the project up to the date of termination at Jaffe Websites standard rates together with all other amounts due here under. Any initial payment that has been received shall be credited against any such amounts due. All indemnities shall continue even after any such termination. Cancellation of a design agreement, ceasing to continue with services provided by Jaffe Websites, or failure to make payment releases the client of any ownership rights.