White Space Media Web design Terms of Service

Welcome to the White Space Media Terms of Service for Web Design and Development projects. These terms apply to all projects carried out by White Space Media, past or present, unless otherwise strictly agreed by White Space Media Management. In commissioning a web design or development project with White Space Media you agree to the terms stipulated within this document. If you do not agree to be bound by these terms you must request an alternative contract to be drawn up and signed by White Space Media Management.

All work is carried out by White Space Media is done so on the understanding that the client has read, understood and agreed to our Terms of Service.

1. Definitions
   1. “Terms”, “TOS”, “Terms of Service” means these terms and conditions
   2. “Client(s)”, “You” means the company, organization or individual who has commissioned the project.
   3. “We/us/our”, “White Space Media”, “WSM” means White Space Media Group PTY LTD
   4. “White Space Media Management”, “Management” means one of the Managing Directors of White Space Media Group PTY LTD
2. Authorisation
   1. You, the client commissioning the design or development project is engaging White Space Media for the services outlined within the project brief. The project brief must be approved and held in written project specification format. A verbal brief will not be honoured as a project specification.
3. Payment
   1. Unless otherwise agreed in the Payment Plan document, all projects are subject to a non-refundable 50% payment to be paid prior to the project commencing.
   2. The final 50% payment is to be paid on delivery. Publication or release of work done by White Space Media, may not take place before cleared funds have been received.
   3. On occasions White Space Media will request a 25% installment before the closure of the project. If required, this will be arranged during a project update meeting.
   4. Late payments will be subject to a late payment fee.
   5. Work may be withdrawn and accounts suspended due to extended late payments.
   6. Any dispute will be litigated or arbitrated in Noosa Heads, Queensland.
4. Project Assignment
   1. White Space Media Group reserves the right to employ sub-contractors to any given project if required.
5. Refund Policy.
   1. All refund request must be registered in writing, within 14 days of commencement, to the Director of White Space Media Group Pty Ltd , 3/18 Duke Street, Sunshine Beach QLD, 4567. The decision for the refund is that of the White Space Media Managing Director alone.
6. Non-Communication
   1. Should we be unable to communicate with a client on a project for a duration of sixty days or more by phone or email during the design and development process, the project will be cancelled without prior notice and no refund will be issued.
7. Quotations
   1. Project quotations provided to prospective clients will be honoured for up to 30 days after the quote has been delivered. Should the project not commence within this 30 day period the quote will be null and void and a new quote should be drafted; unless otherwise stipulated by White Space Media.
   2. The client will be required to pay a domain purchase fee and website hosting costs unless otherwise stated in the Quotation document.
8. Client Deliverables
   1. The client will be asked to supply all content and images in digital format for the prompt completion of the project. Where the client is unable to supply content or images, copywriting and stock image quotations may be required if not expressly outlined.
9. Walk through & Training
   1. A one hour walk through session will be offered to the client. The walk through session if offered at no extra fee to the client but must be requested within 14 days of the project completion or publication date (whichever is earliest).
   2. Any training sessions which are required can be booked directly through White Space Media and will be subject to an additional fee unless otherwise stated in the project specification or payment plan documents.
10. Hosting
    1. All hosting accounts on the White Space Media web servers are subject to the White Space Media Hosting Terms of Service.
11. Copyright and Ownership
    1. All ownership and copyright properties is the responsibility of the client.
    2. White Space Media retain no responsibility or liability for the client’s online material.
    3. White Space Media retains no ownership or copyright over any custom design work or imagery. Should alternative custom design work be offered to the client, only ownership of the single concept purchased is passed on to the client. All other designs remain the property of White Space Media. White Space Media reserves the right to re-use or re-sell custom design work that remains unpaid by the client.
    4. By supplying text, images and other deliverables to White Space Media, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
    5. Any third party or ‘stock’ software, graphics, photograph or scripts may retain under the copyright license of their respective owners. It is the responsibility of the client to ensure they do not infringe any such copyright.
    6. The client agrees to fully indemnify and hold White Space Media free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions of use.
    7. White Space Media reserves the right to display websites within our portfolio and in any marketing material, unless requested otherwise.
12. Additional Liability
    1. In no event will White Space Media Group Pty Ltd be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of work carries out by White Space Media. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
    2. White Space Media holds no responsibility for any amendments or alterations carried out by any third party.
13. Compatibility
    1. Browser: White Space Media tests the compatibility of all development work on the most recent releases of Internet Explorer, Opera, Firefox, Safari and Google Chrome (widely regarded as the 5 Major Web Browsers).We no longer provide support for Internet Explorer version 6 or its predecessors.  Should you require your website to be IE6 (or earlier) compatible then this must be requested in the project specification.
    2. Screen resolution: White Space Media design for a minimum screen resolution 1024 x 768 pixels. Should you require your website to be designed for lesser screen resolutions, this must be request in the project specification. Any re-development of websites to be compatible with screen resolutions less than 1024 x 768 will be carried out at an additional charge to the client.
    3. Platform: Unless otherwise stated, White Space Media websites are built and hosted on a LAMP environment (Linux, Apache, MySQL and PHP). Meanwhile, client-side testing is carried out on a Windows operating System. Alternative platform requirements must be stated within the project specification.
    4. White Space Media employ a policy of graceful degradation and where possible we enjoy the approach of progressive enhancements and embrace its ethos.
    5. Any (in)compatibility issues must be identified within the Website Warranty period. Compatibility issues raised within this period will be resolved where the web browser used is that of the 5 Major Web Browsers. Further compatibility solutions may be subject to an additional fee and will be evaluated on a case-by-case basis. Compatibility issues raised outside of the Website Warranty will be subject to an additional fee.
14. Website Warranty
    1. All work carried out by White Space Media has a 30 day Website Warranty.
    2. This provides the client a grace period in which to review the work. Any design, functionality, compatibility or usability issues must be raised during this 30 day period.
    3. Issues raised during this 30 day period will be resolved as a priority.
    4. Issues raised outside the 30 day warranty period may be subject to an additional fee regardless of when or how the issue originated.
15. Website Maintenance
    1. White Space Media is not responsible for the ongoing maintenance of the client’s website. This includes any software or content updates.
    2. A quotation for maintenance and updates can be provided on request.

Last updated: 24/03/2010