These terms and conditions cover any projects or tasks that are quoted on without a separate proposal. If you have received a quote from me for work, and that quote links to this page, these are the terms and conditions relevant to you.
By agreeing to use services provided by Stewart Rodgers, and by purchasing services sold through stewartrodgers.com, you imply that you consent to the following terms and conditions.
Liability
You must accept that Stewart Rodgers of stewartrodgers.com is not legally responsible for any damages you may incur as a result of using this website or the services provided by Stewart Rodgers.
I can’t guarantee that the functions contained in any web page templates or in a completed website will always be error free and so I can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised me of the possibilities of such damages.
Governing Law
I am located in QLD, Australia, so my website, any sales through my website and any services provided by me are governed by the laws in this area.
If any provision of this agreement 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.
Australian Consumer Law
This website and the goods and services sold through the website are in compliance with Australian Consumer Law.
Customers
By engaging services with Stewart Rodgers and purchasing from this website you agree that you are 18 years or older. I reserve the right to cancel and refund any orders that I suspect are made by underage customers. In addition, I may cancel and refund any orders at my discretion that I am unable to complete because of time constraints, unexpected events, conflicts of value, and other issues.
Delivery of Goods and Services
This website does not sell any physical goods. Web design projects and tasks are a digital product. The delivery timeframe will vary depending on the scope of work and will be agreed upon by both parties before any work commences.
Due Diligence
While I do my best to ensure that all design and development work I produce is accurate to your brand and specifications, it is your responsibility to review and approve all work before it is finalised and delivered.
Image Sources
Any stock images used in graphics produced by me have been sourced from websites that provide free stock images for commercial use (creative commons). This is to the best of my knowledge. Please do your own due diligence.
Copyright
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by you, or that you have permission to use them.
When I receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that I create for you for this project.
I will give you a copy of all files and you should store them safely and securely as I am not required to keep them or provide any native source files we used to make them.
You also own text content, photographs and other data you provided, unless someone else owns them. I own the markup, CSS and other code and I license it to you for use on only this project.
I reserve the right to display the completed work in portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.
Changes and Revision
The estimate/quotation prices outlined in the quote or proposal are based on the amount of work I estimate I will need to accomplish everything that you have told me you want to achieve.
If you change your mind or want to add additional functionality or features, that won’t be a problem. However, you will be charged accordingly, and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. I will be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding.
I may also ask you to put requests in writing so I can keep track of changes.
If the nature or functions of the project change significantly throughout the process, I reserve the right to deem the current project cancelled. At this point you will pay me in full for all the work I have completed and may commission me to complete the new project based on the new requirements.
This will require a new quote and contract.
Payment Terms
If the project total is less than $500, full payment is required before any work will commence. If the project total is more than $500, a 50% deposit is required before any work will commence, the final 50% will be payable once the project has been approved. Once the final payment is received the project will be delivered to you.
Invoices: All invoices are payable within 7 days of receipt. Invoices shall list any expenses and additional costs as separate items.
Guarantee and Faulty Products/Services
I guarantee that your service will be delivered with due care and skill, fit for purpose, and provided within a reasonable amount of time, as per the consumer guarantee.
If a customer is not 100% satisfied with their product and the product delivered is not what was agreed upon or to the standard that was agreed upon, they may contact me for an amendment. The amendment will be issued as quickly as possible – within 3 business days. All customers are guaranteed to receive the products and services they have paid for, as described clearly on the product description, delivered on time.