Terms and Conditions

These are the Standard Terms and Conditions for website design and development in the foregoing contract between Giggle Media and all Clients. The following terms and conditions apply all to website, program, graphic and application design (otherwise referred to as 'projects') created by Giggle Media. These Terms and Conditions are subject to change.

Goodwill

All services provided by Giggle Media assumes goodwill from both sides regarding what can reasonably be achieved in a given time frame; and making best use of resources to achieve the most effective outcomes

Prices quoted on this website

The price for services quoted on the Giggle Media website are correct at January 2011 and are subject to change. The prices do not include 10 per cent GST. Package prices for Package A, Package B and Package C do not include web domain and web hosting charges; and Billable Expenses.

Billable Expenses include but are not limited to costs of commissioning images, printing, subcontracting talent, software or run-time license costs, messengers, materials and supplies, the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses.

Clients are advised to budget $100 for Billable Expenses on each project. Giggle Media will keep track of Billable Expenses and advise clients if it is likely to exceed the budgeted amount.

Custom website quotes

All prices for custom websites quoted by Giggle Media to the client are valid for 30 days from date of issue and subject to change unless a Contract for services with Giggle Media is signed by the client.

Limit of change requests

All quoted prices, including packages and custom quotes, include 2 rounds of change requests from the client lasting from the commencement of the project to the final product. Requested changes to the design, including text and images, but not limited to, shall be supplied in writing (via email or otherwise) to Giggle Media. A change request made by the client (regardless of how many changes there are) shall be counted as one round. Any further change requests outside of the limit of 2 rounds will be billed by the hour. Hourly rate is negotiable depending on the nature of the request.

Payment

Payment is due at each milestone due date as noted in the Production Schedule. Before commencement of work a Production Schedule will be decided on by the client and Giggle Media. The Production will generally have three Phases.

At commencement of the project, Client will pay 30% of the Total project cost. At the end of Phase 2 client will pay 35% of the Total project cost. On completion of a project the client is obliged to pay the balance in full including Billable Expenses (if applicable). Payment terms are strictly 15 days.

Giggle Media will contact clients to remind them of payments due if they are not received. If accounts are not settled and Giggle Media have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Refund policy

Prior to work commencing:
Clients are eligible for a complete refund if no work has commenced on the project from when payment was received to when written notice was received of project cancellation and request of a refund.

Once work has commenced:
Once work has on project has commenced, clients may receive a partial refund. Any request for a refund, or partial refund, must be made in writing. The refund will be calculated by deducting costs associated with work undertaken by Giggle Media (charged at our current hourly rate) and/or expenses incurred by Giggle Media relating to your project up to the date of cancellation. Giggle Media will provide clients a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable) paid.

Copyright and Intellectual Property

Giggle Media owns copyright to the web site produced by Giggle Media until final payment is received. The client will be assigned rights to use the project as a website, once final payment under the Service Agreement Contact and any additional charges incurred have been paid.

Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Giggle Media and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. Selected websites will contain a copyright with a link to the Giggle Media website at Giggle Media's discretion.

Any scripts, cgi applications, php scripts, programming code or software written by Giggle Media will remain the property of Giggle Media and may only be commercially reproduced or resold with the permission of Giggle Media.

Giggle Media cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

Where applications or sites are developed on servers not recommended by Giggle Media, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Giggle Media for external hosting will incur additional charges.

Giggle Media will not be liable or become involved in any disputes between the site owner and their clients and Giggle Media cannot be held responsible for any wrongdoing on the part of a site owner.

Giggle Media will not be liable for any costs incurred, compensation or loss of earnings due:
to the work carried out on behalf of the client or any client appointed agent; or the unavailability of the site, servers, software or any material provided by its agents.

Client Responsibility

The supply of content and assets is the responsibility of the client, unless the client is employing Giggle Media’s copy writing service. Content must be thoroughly reviewed before it is supplied to Giggle Media.

Giggle Media is not responsible for any spelling and grammatical errors. Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

The client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Giggle Media for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Giggle Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Giggle Media reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

All clients accept responsibility that they will provide all materials requested by Giggle Media for the completion of the website within the 8 week period from commencement as specified. If the client does not fulfil their role of supplying such material by week 12 of the project, the following processes will commence:

If the client does not supply Giggle Media with complete text and graphic content for the project within 3 months of the date of sale, the client will receive an email requesting all information be sent through in the next 30 days and then an official letter in the mail. Should the client not respond in 30 days the project will be put on hold for three months and will require a reactivation fee for it to be continued. 'Hold' status means that we will no longer be pursuing the client for any further information and the website project will no longer be on Giggle Media's current job list.

Please note that when the reactivation fee is paid the job will be added to Giggle Media's current workload but that it will not be prioritized above current projects at that time. If the project is not reactivated in that 3 month time frame the project will be terminated with no refunds given.

The client agrees that the client is solely responsible for complying with electronic commerce laws, taxes and tariffs, and will hold harmless, protect, and defend Giggle Media and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

Client is responsible to close their previous hosting account when Giggle Media takes over their hosting for them.

Approval/Sign-off

Giggle Media must receive a signed copy of the Service Agreement Contract (enclosed with each client quote) before commencement of a project. Client acceptance of Phase 1, Phase 2 and Phase 3 of the project must be received in writing.

Work outside original scope

Any additions to the brief will be carried out at the discretion of Giggle Media. Where no charge is made by Giggle Media for these additions, Giggle Media accepts no responsibility to ensure these additions are error free.

In the event of any variations or extensions to the project, or should a client wish to engage Giggle Media on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

Website hosting

Giggle Media cannot guarantee the availability or continuity of third-party web hosting and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.

Hosting is available through Giggle Media hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Website specifications and alterations

Each project will have set parameters as described in the final proposal and website wireframe. The client shall also receive a Service Agreement Contract with terms of agreement and must sign it to authorise Giggle Media to begin work. On commencement, Giggle Media will proceed in accordance with the exact specifications as set out in the documents. If there are any amendments to these parameters after the project has commenced, Giggle Media will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Project Delivery

Giggle Media and the client agree to work together to complete the project in a timely manner. We agree to work expeditiously to complete the project no later than six-weeks after the client has submitted all necessary materials and the design is under way. Giggle Media does not hold responsibility for delay of the project caused by the client.

On completion of the project, any materials supplied to Giggle Media by the client, such as brochures, cds, photographs etc. for the purpose of their design, will be disposed of unless otherwise directed by the client prior to the completion of the job.

The client agrees to select a hosting service that allows Giggle Media full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.

Giggle Media reserves the right to assign subcontractors to the project to insure that the terms of this agreement are met as well as on-time completion.

Giggle Media will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Giggle Media to meet agreed deadlines.

Project delays

Where a project has final approval Giggle Media will indicate time frames for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Giggle Media reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Training

User training will be provided as per the terms of the Service Agreement Contract. If none are specified, training will be charged at a fee quoted by Giggle Media. All end user training may be provided at a client premise or at the office of Giggle Media.

Web Site Maintenance

Giggle Media agree to minor web site maintenance to pages over a three-month period, up to an average of one hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, navigation structure changes, or attempted updates by client repairs. The period of three-months begins on the date the clients web design site has been published to client's hosting service. If the client's web design package includes database access using PHP, ASP or similar, then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at an hourly rate.

Damages, system errors or bugs

Giggle Media takes no responsibility for and makes no guarantees regarding the number of sales or leads gained that come as a result through any client’s website; or growth or loss of business due to the client not maintaining their website sufficiently.

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Giggle Media does not accept responsibility for any losses incurred due to website malfunction.

When a website has been delivered and approved, the client will have a one month grace period where Giggle Media will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Browser Compatibility

Giggle Media aims to meet as many as possible of the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors.

Giggle Media will test the client website at the time of launch on versions of the most popular browsers used worldwide. As at January 2009 these are: Internet Explorer 6, Internet Explorer 7, Mozilla Firefox 3.0, Chrome 1.0.

Giggle Media will endeavour to always take other browsers into account when building websites, however we cannot guarantee that client websites will operate appropriately and consistently in browsers older and newer than those listed above; nor can Giggle Media guarantee that the website will look or operate the same on different operating systems.

Copyright/Proprietary Rights

This website is governed by the laws of the state of New South Wales, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.

All materials on this site are the property of Giggle Media unless otherwise specified. You must have our prior written permission to use Giggle Media material. None of the site's material may be used for commercial purposes without prior written permission.