Terms and Conditions

Web Development

Stock photos

If abiding by copyright law is important to you and you are NOT sourcing and proving all photos for your website, you MUST purchase a 1 month subscription to stock photos via http://www.shutterstock.com/, this cost is for access only, does not include searching for images, and is at the discretion of the customer with the full knowledge that copyrighted images may otherwise be used.

If you did not purchase a stock photos subscription, you agree to not take any action against Futurised for the use of possibly copyrighted images where you have not provided ALL images for your website.

If you have not purchased access to a stock photo website, Futurised will attempt to find suitable images via Google’s image search with a setting of “Labelled for reuse”. These freely available images are typically of lower quality than those found via a paid subscription to a stock photo website. We also do not guarantee that any photos sourced by us are in fact free to use, as image reuse rights are typically mislabelled.

Plugins, Themes, Software

If a specific plugin is required and not covered by the scope of a quote it will be purchased at an additional cost and time, paid for by the customer.

Reversion of assignments and licences: licences and assignments are subject to payments; reversion of assignments and termination of licences are at the discretion of Futurised if website hosting is moved to another provider, the website is rebuilt by another provider, or payment is withheld for a service, plugin, or theme.

Additional Changes and Out of Scope

Updates to the site or out of scope changes will be carried out at $99 per hour plus GST. Support is at the rate of $99 per hour plus GST.

Payment terms

(1) Customer agrees to pay developer according to the following terms:

  • 50% of the fee upon execution of the Agreement
  • 40% of the fee upon implementation of all web pages
  • 10% upon completion of the Website per the specification

Customer agrees to the pay for all out of pocket expenses incurred by developer in developing the Website including, but without limitation:

  • License fees
  • Outsource services billed for Customer
  • Shipping
  • Domain name registration
  • Hosting costs
  • Hardware and software
  • Travel

Customer agrees to pay for the developer’s fee and all expenses, as set forth above, within 14 days of invoice.

Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price for the website.

Customer agrees that the website will not be submitted to nor allowed access to by Internet search engines until customer accepts all milestones in writing and all payments have been made.

Customer agrees that any changes customer makes to the specification may adversely affect the original estimate.  Extra time incurred above and beyond the original specification will be billed at an hourly rate of $99 and is not subject to the costs, estimates and caps in (1) above.

Any issue found to be the cause of the customer, third party, or outside of our direct control (e.g. registrar or third-party service) which we are asked to resolve/investigate will be chargeable.

Customer agrees that the page and component counts may vary slightly and are more likely to vary the larger the scope of the project.

After completion (on either a development or live server), minor changes can be made for a period of 14 days if covered by the scope of a quote. After 14 days, all changes are billable whether inside or outside of scope unless otherwise specified.

If you delayed the execution or performance of a deliverable we reserve the right to request payments due.

Hacked websites

If your current website has been hacked, a “fix hacked site” fee of $250 will be incurred to repair the site before continuing with a new build.

Search Engine Optimisation

SEO accounts are invoiced monthly in advance and are required to be paid within 7 days.

SEO services are limited to the specifications of the package.

Futurised has no control over the ranking algorithms of search engines, these will change over time at the discretion of Google, such changes can impact your ranking. The client’s website may be removed from the first page results or excluded from search engines at the discretion of the search engine company, Futurised is not to be held accountable for any loss of ranking or top positions.

Due to the competitiveness of some keywords and search phrases and ongoing search engine ranking changes or other factors, Futurised does not guarantee #1 positions or consistent first page positions for any keyword, phrase, or search term.

Futurised uses ethical, legitimate techniques and accepted standards to improve your search engine ranking. Removal of non-standard SEO tricks or gimmicks implemented by previous SEO providers may cause a loss of ranking but is necessary for long term approval of your website by Google’s index which is continually improved to detect blackhat SEO practises.

If the client requests work outside of the scope of the package provided, OR it is deemed necessary to work on additional features typically outside the scope of SEO, such as design, layout, mobile usability and user experience, Futurised reserves the right to charge additional fees.

Web Care

Web Care Plan accounts are invoiced monthly in advance and are required to be paid within 7 days.

Web Care Plan services are limited to the specifications of the package.

Upon commencement: Your website will be checked over and all plugins and themes will be updated to their current version where possible. Initial setup time of 30 minutes is included for all Care Plans (in addition to any development time included) to get your website up to date. If your website is very out of date, issues may come up due to code incompatibilities and extra time may be needed. Extra time will be subtracted from your allotted monthly allowance, or will be billable as extra time if there is no time allotted with the plan.

As time moves on, code that may have been in use on your website can cause issues when WordPress is updated or other plugins are updated, or your plugins currently in use may have been removed from the WordPress repository. On initial setup of your care plan we will advise of any of these issues and make recommendations for finding alternative plugins or advise you of the security risk of running outdated plugins where an alternative can’t be found. Over time, advancements in programming are made and functions used in your website plugins may become obsolete and deprecated. If these issues arise we will leave the plugin on the old version where an alternative solution can’t be found, or will add in workarounds to prevent issues on your website. In such cases where a workaround is required, this may take extra time which will be advised and billable.

Exclusions: Please note if you aren’t hosted on a Futurised server we don’t provide cloud backups or staging websites as we aren’t in full control of backup and storage on your server and can only provide limited hosting assistance in such cases.

Google Search Console and XML Sitemaps: these are provided with some plans if you already have these configured on your website. If you currently do not have a Google Business account, Google Analytics or Google Search account, these will need to be setup at additional cost if you would like them managed. These services are not integral to our web care plans as they are more in line with SEO related services. Please see Google Integration if you require SEO services.

Themes: If you don’t have a license for your website theme, it will remain on the version that is currently installed, and not updated. If you have a license, the version of the theme will be updated assuming it won’t cause issues with other plugins running on the website.

Any service listed as part of a web care plan that isn't completed each month, or can't technically be completed, for any reason, will not be cause for a reduction of the cost of a monthly web care plan. If you have particular requirements that must be met, you must make us aware of the requirements.

Futurised will change the admin user of your site for all notifications to be received by Futurised, such as notices from WordFence regarding outdated plugins or security issues. Administrator access should be provided to Futurised without limitation.

If the client requests work outside of the scope of the package, OR technical issues arise (such as WordPress core updates causing plugin code deprecation), such additional work, Futurised reserves the right to charge additional fees to resolve these issues.

Notification of extra works required: we typically do not notify clients of changes that are expected to take less than 2 hours in a given month as the conversation regarding necessary changes that arise, especially due to technical reasons, can take half an hour or more. If you would like to be advised of all additional changes and charges that may be occurred, discussions regarding the changes will be deducted from any monthly time allowance as a consultancy fee, or billed in addition to the monthly plan cost, if there is no allotted time included in the chosen plan.

Billable time

Work will be carried out at a minimum charge of 0.3 hours.

We respond quickly and efficiently to all requests, and give the same attention to detail to irregular clients as we give to those requesting work more frequently.

Payment Terms

Invoices are due 14 days from the date of generation.

Reminders are sent 1 day prior to the due date. An extension of 10 days past the due date is provided to all clients.

Late fees may apply to late payments unless a payment arrangement has been made with Futurised. Time spent chasing late payments and any work carried out as a result, eg. disabling and re-enabling services, may be billable.

Deposits

For all major works a deposit of 50% is required and should be paid within 5 days of commencement of work.

Cancellation/refund

You can request a cancellation of services via phone or email.

Refunds will be provided for the unused duration up to a maximum of 3 months for year long services. Quarterly services are non-refundable.

Futurised may suspend/cancel/terminate your service due to non-payment of any invoice under your account. 30 minutes of support time will be billed to bring services back online after cancellation due to non-payment where you wish to continue the service.

cPanel and WordPress logins will be provided at no charge to the email address owned by the client. If Futurised is required to assist with migration of services or to change administrator account access over to your details there will be a minimum charge of 1 hour to cover time.

Websites: cPanel and domain passwords will be provided to allow you to migrate a website away from our servers without further support. If you request Futurised to assist you further with a migration or to provide assistance to third parties (ie. a web developer you have brought on), there will be a minimum charge of 1 hour to cover time.

Suspension of services

Your service will be suspended if any invoice becomes 14 days overdue. Reactivation fees of 0.5 hours apply in most cases.

As we provide a fast turnaround for all issues/tasks we appreciate prompt payment of invoices and take action on non-paid accounts, to allow us to spend more time assisting paying customers.

Price matching

Futurised does not price match other providers. Due to the high standard of work we do and the quality of the services we provide, we don’t lower our value by providing discounts to any current or potential clients.

If you decide to use a provider that more closely suits your budget you can cancel any agreement with Futurised and you will receive a prorate refund, see Cancellations.

Custom Source Code

Source code delivery

Works created under a contract for service is considered commissioned work, where the contractor owns the work. The original cost was based on compensation for use of the output of the intellectual property, and not for rights to that intellectual property. If you would like the source code moved to your server with full access and full rights to make any changes to the source code, a handover fee (to be determined) of the source code will be charged. Paying this fee will give you non-exclusive rights to use and modify the source code, but not to share, sell, or distribute it. Futurised retains exclusive copyright of the source code. These terms can be modified based on requirements.