Website Development T&C

Parties: The Client and the venture operated by Natalie Fogarty trading as Vigour Graphics are collectively referred to as “the Parties” throughout this document.

Developer: Vigour Graphics, operated by Natalie Fogarty, is referred to as “the Developer” throughout this document.

1. Development Specifications: The Developer agrees to develop a website according to the specifications agreed on in the proposal. Any changes to the scope of work must be agreed upon in writing by both parties.

2. Completion and Phases: The development work shall be completed in phases. Developer shall provide progress reports to Client at the end of each phase.

3. Acceptance Testing: Upon completion of the development work, Client shall have 7 days to conduct acceptance testing. If no issues are reported within this period, the work shall be deemed accepted.

4. Maintenance: After completion of website and an acceptance of a Maintenance Plan, Developer shall provide maintenance and support services. Additional maintenance services are charged at $95ph.

5. Payment: Client agrees to pay Developer the fees outlined. Payment shall be made in AUD within 7 days of receipt of invoice. Payments must be made on time or the website will be turned off..

6. Intellectual Property: Upon full payment, all intellectual property rights to the website, including but not limited to code, graphics, and content, shall belong to Client. Developer retains the right to use code libraries, tools, and methodologies developed independently of this Agreement.

7. Confidentiality: Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of this Agreement. This includes, but is not limited to, business strategies, trade secrets, and client data.

8. Exclusivity and Intellectual Property: The Client acknowledges that The Developer does not engage with other web developers for the development of the website due to concerns regarding intellectual property, conflicts, inconsistencies, and quality control. Allowing multiple agencies access to the website backend can lead to conflicts, inconsistencies, and poor quality control, posing a risk to the integrity and functionality of the website. The Parties recognise that determining responsibility for website repairs in the event of damage may become unclear if multiple agencies are involved. Moreover, providing access to multiple agencies may inadvertently expose The Developer strategies, technologies, and business processes, compromising confidentiality and competitive advantage. Therefore, the Client agrees that The Developer shall be the sole provider of website development and maintenance services under this Agreement.

9. Termination: Either party may terminate this Agreement with 30 days written notice if the other party breaches a material term of this Agreement and fails to cure such breach within the notice period.

10. Disconnection Process: Our agency shall undertake reasonable efforts to ensure the seamless disconnection of the paid agency plugins from the Website upon termination. However, we shall not be held liable for any interruptions or damages resulting from the disconnection process. Any costs associated with the subscription of the plugins post-termination shall be the sole responsibility of the Website owner. The Website owner assumes responsibility for the continued subscription of these plugins from the termination date onwards. Our agency shall not be liable for any expenses incurred following the termination of this Agreement.

These terms and conditions herein are subject to modification without prior notice.