Project Terms
By accepting a quote, you agree to and accept the terms and conditions of BJM Design Pty Ltd. Acceptance can be verbal, by email, payment of initiation, signing a quote.
Definition of Requirements
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
The client is to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. The client must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your project and ensure that you have been quoted on the right requirements.
Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by BJM Design.
Timeframes
There are limited man-hours allocated to each task including Project Management. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
BJM Design will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at the client’s end may delay the project and proposed timeframes and may incur additional costs.
The client must recognise that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalise us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Project Stalling
Please note that at any stage during the project, stalling of the project for over one calendar month may will attract a recommencement fee of $1600. Furthermore, it may increase the previously approved estimates. If the client requires the project to be put on hold, they must advise us in writing in advance. BJM Design reserves the right to put a project on hold if a delay occurs at the client end of more than one calendar month. BJM Design will provide at least 3 notification emails prior to this happening.
Changes to Scope / Re-work after approval
Any modifications requested during the development or after the final approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will BJM Design be liable for any delays caused by change in the project brief.
We will ask for your formal approval at agreed milestones in the project. Any re-work on a previously completed and approved component or milestone will attract additional charges.
Warranty
Any bugs (programming errors) reported during development or during the 60 day post-launch warranty period do not attract additional charges.
Provision of materials by client
Website/application content and all related materials need to be provided to us within one week of request, and/or as indicated in the project timeline.
Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
Deployment, Devices and Browsers
The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment, or over-subscribed shared hosting environment.
Our digital solutions are tested on Apple Mac and Windows PCs and include (current at time of project development) versions of following browsers: IE, Firefox, Chrome & Safari. Additional testing outside this scope will incur additional charges, please ensure we are aware of your specific deployment requirements if they are outside of the defined scope.
Responsive/multi-device compatible web pages are tested on (current at time of project development) iPhone and iPads and limited Android devices. If you require testing to be done on any other device, please discuss it in advance.
Third-Party Components & Providers
Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although BJM Design does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
BJM Design takes no responsibility for any open source products and libraries such as WordPress, WooCommerce, Magento, React, Angular, etc. It is the client’s responsibility to manage updates to all components and third party software after website launch. We suggest you take regular back-ups to avoid any disruptions.
BJM Design offer packages in coordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
Hosting & Domain Names
If your website/application is not hosted on a BJM Design server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and will be charged separately.
Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Hosting charges are not included in the quotations unless mentioned otherwise. BJM Design can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we will require full access with hosting support for testing and deploying the application. BJM Design will not be liable for any delays or errors caused by direct or indirect actions of the hosting company. If deployed on non-BJM hosting, we will not be responsible for performance of the deployment after launch as we have no ability to ensure hardware performance on infrastructure we do not control.
BJM Design generally builds and tests the websites/applications on our own servers or hosted domains. BJM Design cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
Copyright & Grant of Licence
BJM Design software source code (not including open source software) are copyright BJM Design. The source code can be supplied at an additional cost for use once all previous invoices are settled, on the condition that the source code are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the source code will be allowed to be used for re-selling or duplication purposes.
Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with BJM Design, upon full payment of any outstanding invoices, BJM Design will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality, unless stated otherwise in third-party licences. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
Communication
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
We reserve the right to assign or subcontract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.