Terms & Conditions

Refund Policy:

If in any way you are not satisfied with your product or service please contact us within 30 days via the contact form on this website and we ascertain as to what that issue is and try and remedy that problem within 7 days.

Once a project agreement has been made and deposit paid there is no refund.

Smarter Websites & Client Terms and Conditions

Smarter Websites retains full ownership of all Smarter Websites intellectual and physical property allocated to the client for ‘use’ during the term of  any Smarter Websites Payment Plan. This includes but is not limited to web design, website pages, templates, blog content and articles, marketing materials, hosting services, email addresses and any domain names registered by Smarter Websites. The client understands that they have the right to the use of the allocated services while subscribing to Smarter Websites, but forfeit these rights on termination of their Smarter Websites subscription.

By uploading or submitting a picture, brand, logo or design image or file to Smarter Websites for use on your personalised website, you certify that you have the right to distribute and use this picture, brand, logo and or design and that it does not violate the terms and conditions of this policy or any existing copyrights or trademarks. By agreeing to this policy and terms and conditions, you agree to indemnify Smarter Websites from any action resulting in the use of these pictures, brands, logos or designs.

In these terms and conditions “Smarter Websites ” shall mean Smarter Websites Web Design and “the Client” shall mean the person and/or firm and/or company to whom the proposal/agreement/work undertaken is addressed.

1. Pre Project

1. Smarter Websites will provide the client with an estimate or quote of costs involved in development of the project, usually by email. If this initial estimate or quote is of interest, in the case of larger projects a more detailed proposal will be submitted if requested by the client. In the case of standard projects the initial email estimate or quote will be deemed as the project cost.
2. Smarter Websites will not be able to make visits to the client’s offices or premises for pre-project meetings, however, the client is welcome to arrange and visit Smarter Websites for a meeting.
3. If the client would like a pre-project meeting or a design meeting at their premises, this can be added to the project as an additional charge. All travel, subsistence and time costs will be chargeable to the client. Please contact us for further information.

2. The Project

1. The Client will provide Smarter Websites with such information as may reasonably be required concerning the client’s project and will answer queries and provide decisions and approvals which may be reasonably necessary for Smarter Websites to complete the Project. The Client is responsible for ensuring that such information and answers are given promptly and are accurate and complete.
2. Smarter Websites cannot be held responsible for delays in completing the project due to the Client’s inability to provide information timeously and/or delays in procuring Internet Merchant IDs or any other 3rd party delays.
3. The Project will commence once the Client has provided Smarter Websites with the necessary details as outlined in the project quote. This could include but may not be limited to such things as company details, design requirements, down payments/deposits, 3rd party expenses, web site content, photographs, brochure layout preferences and dimensions, and credit card details for ISP account registration.
4. Once the first design draft has been produced, Smarter Websites will email it to the client or place it within a password protected folder on the Client’s web site or on Smarter Websites’s website so that the Client can login and view the work done to date. This draft will be a static image representation of the layout and design of the site or brochure and will not be functional in any way or form.
5. This will give the client the opportunity to request changes, additions or omissions from the draft. Once these changes have been submitted to Smarter Websites in electronic format, Smarter Websites will effect the changes and re-submit for approval. A further set of changes can be requested within the scope of the project cost. Thereafter, changes are chargeable at $137.50/hr.
6. If the Client is totally dissatisfied with the first draft, he/she may request a completely new draft design based on his/her ideas which must then be made completely clear to Smarter Websites. The design requirements must be made clear by means of a detailed description with colour choices, font selection and if necessary a sketch or rough layout provided by the Client.
7. However, if the Client instructed Smarter Websites on a particular layout prior to the start of the project and subsequently changes his/her mind, Smarter Websites will be entitled to charge for the 1st draft in full before continuing with the 2nd draft which will be charged at a rate of $137.50/hr or by quotation if requested by the Client.
8. Following on from point 6 above, Smarter Websites will then compile a second draft within the scope and cost of the project.
9. If this draft is also unsuitable, Smarter Websites will design a third draft within the scope and cost of the project.
10. If after this draft the client is still not satisfied, he/she may choose to request another design draft, however the cost of this will not be borne within the scope of the project and may be done either at a rate of $137.50/hr or by quotation.
11. Once the draft has been approved, this will be deemed as the final design and any further changes will be chargeable at $137.50/hr or by quotation.
12. Thereafter the web site will be compiled and functionality, content and other items added.
13. Once all content and functionality has been included in the site, the client will be given the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.

3. Deposits and Payment

1. A deposit of 30% (unless otherwise stated) is required before work commences on the project.
2. 100% payment is required for any hardware, software, web hosting or other out-of-pocket expenses that may be required to complete the project, as mentioned within the quote, estimate or proposal.
3. Upon completion of the project, payment of the balance of the quoted amount is required within 10 days.
4. If it is not possible to finish the project within 30 days due to unavailability of content and or information required, stage payments will be introduced to cover the cost of work done to date.
5. Additional work over and above the quoted amount that may arise during the project will be recorded and billed at $137.50/hr.
6. Payment for projects, website updates, consulting, hosting and web development work to websites is required within 10 days of submission of an invoice. If payment is not received within 10 days Smarter Websites reserves the right to remove any updates and web development work done to the site. In addition, no further work or consultation will be undertaken until such time as payment for outstanding invoices has been received in full.
7. Payment for web hosting is required in advance for the month or year that the account is purchased. If payment is not received within 10 days of the invoice being submitted, Smarter Websites reserves the right to suspend the hosting account until such time as payment has been received in full for the hosting period. Smarter Websites also reserves the right to charge a re-activation fee to re-activate accounts that have been suspended.
8. Smarter Websites reserves the right to charge interest on payments not received within 30 days of an invoice being submitted.
9. If payment for services or hosting has not been received within 60 days, Smarter Websites reserves the right to close such accounts and to refuse re-activation of the account. Furthermore, Smarter Websites reserves the right to decide whether further work will be done for the client in the future, even if payment for the outstanding amount is paid after the 60 days period.

4. Additional Work

1. If, during the course of the project, the client has a need for further requirements development that was not requested or specified in the original quote, Smarter Websites will provide an estimate of the additional cost involved and submit it to the client in electronic format (email).
2. If the work is of such a nature that it cannot be quantified prior to development, Smarter Websites will keep accurate records of time spent on the additional work and will bill accordingly at $137.50/hr.

5. Going Live

1. During the project development stage and when the project nears completion, Smarter Websites will provide the client with opportunities to view the site online in its final form.
2. Smarter Websites will request that the client provides feedback as regards content, images, spelling and grammar. Any text and image content changes will thus be requested from the client at this stage. Note that this does not include design changes which at this stage would be chargeable.
3. Once the client has provided Smarter Websites with the content changes they would like made, Smarter Websites will make these changes and will once again request that the client check the site to make sure that all changes have been done to the client’s satisfaction.
4. Smarter Websites will then ask the client if they are happy to go live with the site on the root (main entry point of the site – usually www.domainname.com). Once the client has confirmed that they are happy to go live, Smarter Websites will make the index page live and the site will be regarded as live on the Internet.
5. Once the site has gone live on the Internet, and further changes, additions and/or omissions may be chargeable. The cost of such changes is $137.50/hr or by quotation.

6. Support After Project Completion

1. Before going live on the Internet, the Client will have the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.
2. Once the Client has satisfied him/herself that the site is complete within the scope of the quote or proposal, he/she will approve the completed product in writing in an email or fax.
3. Smarter Websites will then make the index page live on the Internet. The project will be deemed as complete once the index page (home page) of the web site has gone live on the Internet as per the Client’s instruction.
4. Once the web site is live, any support, changes, omissions, repairs or maintenance to the web site will be deemed as additional work and will be chargeable at $137.50/hr or by quotation.
5. Guarantee – Smarter Websites will fix any faults found within the system for a period of 90 days after the project has been completed free of charge. This guarantee applies to errors in coding and errors in content where the client has not made any changes to the site files.
6. Where clients have requested systems that include content management systems or where the client has the ability to edit the data on the site himself, any changes made that affect the proper functioning of the system will not be covered.
7. Wherever possible Smarter Websites will attempt to accommodate clients and assist them, however if Smarter Websites is asked to fix a ‘fault’ on the site and it turns out to have been caused by the client’s own maintenance of the system, such faults will not be covered by the guarantee and Smarter Websites may have to charge for time taken to uncover the error and correct it.
8. If you have any queries after the project has been completed, please feel free to contact us and we will be glad to help.

Fee Increases.
Smarter Websites may increase its fees for services from time to time with or without prior notice, should market trends or the exchange rate change. This price increase will be effective on the first day of a Renewal Term and if the Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).