Design Terms and Conditions

General

EZiDesign is a division of EZiHosting Pty Ltd (ABN – 47 097 040 849).

In this document, EZiDesign is synonymous with EZiHosting Pty Ltd.

Quotations and estimates

All quotations and estimates provided by EZiDesign for software development are valid for a period of 30 days from date of issue. Quotations not accepted within this time frame must be re‐issued.

All quotations are required to be accepted in writing.

For Apps this includes utilising the standard “Confidentiality Agreement”. The “Confidentiality Agreement” and particularly its annexes, will form the basis of the development pathway.

Estimates may be provided by EZiDesign to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.

All estimates will need to be formalised to a quotation or invoice before acceptance by either party as the final cost of the application.

Payment Terms

Any development of software, being Apps or otherwise will attract the following milestone payment:

For projects $999 or under

Payment before commencement.

For projects over $1,000 to $4,999

Payment 1- Deposit – 60% (Deposit prior to starting any development work)

Payment 2 – Final payment – 40% (Final payment after finalisation of project)

For projects over $5,000

Payment 1- Post sign-off – 30% (Deposit prior to starting any development work)

Payment 2 – Post draft – 30% (Progress payment after functionality draft is signed off by the client)

Payment 3 – Post simulation – 30% (Progress payment after full draft is signed off by the client)

Payment 4 – Post submission – 10% (Final payment after which EZiDesign will surrender the source code)

Payment terms are strictly by direct deposit in the following bank account:

Westpac Banking Corporation
Balaclava Branch, Carlisle Street
Account name – EziHosting Pty Ltd
BSB # – 033-169
Acc. # – 22-6305

Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such. For example, credit card payments will attract a surcharge equal to the finance charges levied against EZiHosting Pty Ltd at the time the payment is made.

EZiDesign will only commence work on the quoted application once the first payment is received and cleared.

Intellectual Property

Unless specified all quotations provided by EZiDesign, will include any source code licenses.

All source codes and associated intellectual property relating to said source code, developed by EZiDesign, will transfer to the client after the final payment is received and cleared.

Cancellations

Should the client wish to cancel acceptance of the quotation, EZiDesign will invoice the client for any work completed to date, as a percentage of the total work involved.

The minimum cancellation fee will be 50% of the signed quotation. The client must advise EZiDesign in writing of the request not to proceed with work.

Contents

Clients are required to ensure that the contents of the application being quoted adheres to all the current Australian legislation regarding publication.

The client shall further indemnify EZiDesign and any related companies in respect of any claims, costs and expenses that may arise from any material included within the quoted application by EZiDesign at the client’s request.

EZiDesign reserves the right not to include material supplied by the client within the quoted application if EZiDesign deems said material inappropriate or offensive.

EZiDesign will not populate the application with the final contents unless said content is delivered to EZiDesign in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If contents is not available mock placeholder contents will be used (lorem ipsum).

Submission of Apps

EZiDesign will submit any software application for mobile devices to the designated agencies for publishing at no additional cost to the client.

EZiDesign in not liable to the acceptance of software by these agencies (such as iTunes (Apple devices) or Google Play (Android devices). The client is advised to familiarise themselves with the publishing guidelines before commencing any development.

EZiDesign offers App hosting solutions. We can publish your App on any of our following platforms; Apple, Google and Windows. A yearly hosting subscription fee applies.

Permissions and Copyrights

The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to EZiDesign.

Supply of said material by the client to EZiDesign shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.

No responsibility will be accepted by EZiDesign for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

Errors and Liabilities

EZiDesign will execute due diligence to ensure applications create by EZiDesign are free of errors.

EZiDesign will correct any errors made by EZiDesign staff in the undertaking of the quoted application before the application has been signed off as completed.

EZiDesign does not accept responsibility for losses or damage arising from errors within any application.

EZiDesign does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that EZiDesign may require completing the quoted application.

Alterations

Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 1 day extra development time per alteration should be allowed for. The 1 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.

EZiDesign will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.

If EZiDesign are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than EZiDesign, the client will be charged at the hourly rate that is current for EZiDesign at the time said errors are to be fixed.

Completion of Work

All time frames offered by EZiDesign to the client are estimates. The intrinsic nature of software development and its intricacies do not offer EZiDesign the luxury of defining definite time frames.

EZiDesign will endeavour to complete all work within the estimated time frames discussed with the client in the quotation. However, EZiDesign will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated time frame.

EZiDesign will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.

The quoted application remains the property of EZiDesign until all obligations have been met for release of said application to the client.

If EZiDesign is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.

The final product delivered will be referenced back to the original project scope documentation in any case where the client feels the final product does not meet their requested requirements, this document will act as the guide to confirm that the original requests have been met.

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