Project scope & timeframes
All services provided by Organik Web are provided as per your proposal and agreement document with Organik Web at the commencement of your project.
You will be verbally provided with an approximate schedule and estimated time for completion in the proposal and agreement meeting. The date you sign the agreement may not be the start date of the project.
Depending on the nature of the project, Organik Web may require you to provide content, media files and any other assets required to complete the project. Any delays in providing these items will subsequently delay the project timeframe.
Organik Web requires a 50% upfront payment before we start the project. This 50% payment is treated as a deposit and is non-refundable. Delays in paying this deposit will subsequently delay the project timeframe.
If you discontinue or cancel the project at any time prior to completion of the project, you will be liable for the full cost of the project and/or any additional costs incurred for, but not limited to, subscriptions, third-party software, suppliers, and licensing used in the project prior to the cancellation of the project.
When your project includes a design phase, Organik Web will provide you with design drafts in the form of static images or presentations that will demonstrate, as best as possible, the final look of your project using any assets provided by you up to that point, including any current websites or marketing materials, images, content, documents, and branding.
Design demonstrations may contain placeholder content where Organik Web has no current assets to draw from, including placeholder text or stock images.
You will be provided a Design Approval form at the final stage of the design phase to indicate approval of the design. No development work will commence until after this form is signed and provided to Organik Web. Once this has occurred, this locks the design. Any additional changes to the design will need to be quoted for as an “out-of-scope” change.
Ownership of work
For the duration of the design and/or development phase of your project, and while any debts are outstanding, all works and assets of the project are the property of Organik Web and may not be used, copied or disclosed without prior written authorisation.
After completion of a web project
Upon completion of a web project, ownership of the works and assets will be transferred to the client. Organik Web maintains rights to modify the works and assets if the client commits to, and continues, a hosting package provided by Organik Web, for the purposes of maintaining that project.
As part of these Terms and Conditions, Services relates to the Hosting and Maintenance services that Organik Web provides, otherwise referred to as aftercare services or packages. These Services can either be purchased together or separately, and you can change your Service package at any time.
The client agrees to provide rights to Organik Web to modify the projects or assets within a client’s hosting service for the duration of the service.
Website Hosting service
Organik Web’s hosting provider is located in the NextDC complex in Perth, Western Australia. For Clients using our Hosting Service, Organik Web will take daily automated backups (for a period of up to 14 days) of your website and database, however, we advise clients to take their own backups as well. You may contact Organik Web in order to organise a backup to be provided to you.
In the event that your website goes down or encounters an error, and it is hosted on a website server other than Organik Web’s own servers, we are not responsible for bringing your website back online.
Organik Web warrants that your uptime availability will be at least 99%, except where the failure results from:
- A failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission.
- Your act or omission (or a person under your direction or control).
- A failure or malfunction of any software forming part of the Services, that was accepted by the customer without having been subjected to a testing regime due to its time or critical nature, including updates, patches, definitions etc.
- During scheduled maintenance windows, and any emergency maintenance and upgrade work.
- A requirement, direction or any other order issued by a court, government authority, administrative or judicial body.
- Unauthorised or illegal access by any party to any party of the computer systems used to provide the Services including hacking, cracking, virus dissemination and denial of service attacks.
- Any false breaches reported as a result of outages or errors of any Organik Web measurement system.
- DNS propagation, or errors relating to the DNS records of the address of the website, in the event that the client (or a third-party provider) maintains the DNS hosting.
If in any calendar month, should we fail to meet the Uptime SLA, we will refund to you, as your sole right or remedy, a 100% credit of the fees for the relevant Service in that month. Service Credits are calculated against that month’s web hosting fees and charges only. You must request a Service Credit in writing via our email address firstname.lastname@example.org.
All requests must be made within 30 days of the Uptime SLA breach occurring, and you must provide Organik Web with details of the breach claimed for verification purposes. If the breach is confirmed by Organik Web (based on Organik Web’s records obtained from its monitoring services) to have occurred, then Organik Web will, within 60 days of your request being received, apply the relevant Service Credit to your account.
Organik Web will provide information regarding uptime and access to Organik Web’s records from its monitoring services as reasonably requested by the client from time to time to assist the client to monitor uptime performance.
You will not be entitled to receive a Service Credit if, at the date of your request for a Service Credit, you are in breach of any of your obligations under your Agreement and these Terms and Conditions, including the obligation to pay Fees.
You will be entitled to make only 1 claim for a Service Credit per month.
Hosting & Updates Service
Organik Web strives to use well-supported and well-documented content management systems (CMSs) and frameworks as part of its development processes. Content management systems and frameworks that Organik Web specialise in include, but are not limited to:
● Winter CMS
● Tailwind CSS
Clients using these systems and frameworks are encouraged to keep them, and any plugins or themes used within these systems, up-to-date in order to maintain the security and performance of their websites.
If your website is built by Organik Web, your website will be built using the latest version of each system and framework available at the time of development.
If you opt-in to a Hosting & Updates service with Organik Web, we take all reasonable steps to keep your website up-to-date on your behalf. However, you understand that these systems (and any plugins, extensions, libraries, and themes used) are subject to change by their respective authors which may cause defects or site-breaking errors on your website, which is outside of Organik Web’s control.
In the case where a system or framework cannot be updated without causing defects to your website, Organik Web will cease updates on that system or framework and any extensions applied to that system or framework and will notify the client.
In the case where a plugin, extension, library, or theme of a system or framework cannot be updated without causing defects to your website, Organik Web will cease updates of that extension but will continue to update the base system or framework and any other extensions used in the website, and will notify the client.
Organik Web cannot be held liable for any security breaches or defects caused on a website due to an out-of-date plugin that cannot be updated under these circumstances.
We continually monitor the current and planned future state of the systems, frameworks, and extensions that we use, and we may, at our sole discretion, opt not to run certain updates that may cause potential issues with your website.
Hosting & Maintenance Service
As an extension of the service Organik Web provides as part of the Hosting & Updates service, the Hosting & Maintenance service follows the same terms unless otherwise stated below.
In the case where any system, framework, or extension update cannot be applied to your website without causing defects, Organik Web will endeavor to fix the issue as part of the terms of your Maintenance package. If your website was not built by Organik Web originally, such work may incur additional costs depending on the severity of the issue and the time required to rectify it.
This service allocates one hour of studio time per month, with unused time each month rolling over for a total of 12 hours per calendar year.
Should any fix require extensive work, we will notify you in the first instance, where you may opt to either:
- Proceed with the proposed changes, including any costs outlaid by Organik Web to complete the work outside of your ongoing Fees.
- Revert your website to the most recent backup prior to the update. You understand that opting to do this will prevent us from updating the component in question in the future, which may cause issues later.
Any such instance will not affect the ongoing price of, or requirement for you to make payments for, your Maintenance Service.
Acceptance of Terms & Conditions
Upon signing the “Proposal and Agreement” document supplied to you, you acknowledge that you have read and understood these Terms and Conditions and agree to them without limitation.