T&C For Projects
If you appoint Zero Point Development to prepare work for you on a project or ongoing basis, you are bound by the following Terms & Conditions.
The Client: Also referred to as ‘You’, ‘the company’, ‘business’ or ‘client’, an authorised representative of the client, or individual requesting the services of Zero Point Development.
Zero Point Development: Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
The Project: Zero Point Development will issue you an estimate and/or proposal either verbally, by post or via email outlining our interpretation of your brief, the scope of work, work method, deliverables and limitations of service. For this document, The Project may be titled ‘Work’, ‘Proposal’, ‘Quote’ or ‘Estimate’.
- ACCEPTANCE – Acceptance of the estimate/proposal Zero Point Development provides you with is deemed acknowledgement and agreement to the following terms and conditions. Fixed Fee components of estimates are firm for three months from the date of proposal. Estimates not accepted within that time may be subject to adjustment.
- PAYMENT – Zero Point Development accepts payment via direct bank deposit. Invoices will be sent periodically relating to work done to that date. The client agrees to settle accounts within 7 (seven) days of receipt of the invoice. Accounts outstanding for a period in excess of 14 days may be subject to an additional administration charge of 5% of the balance due. Zero Point Development will be under no obligation to proceed to an ensuing stage of the project until all outstanding invoices have been met in full. In the case of web design and/or development, Zero Point Development reserves the right to withhold the live implementation of The Project until outstanding payments have been settled.
- CONFIDENTIALITY – Zero Point Development may ask you for passwords and details in order to fulfil the requirements of the Project. Zero Point Development undertake not to misuse any confidential information that may be made available to us. The client agrees not to disclose the fees charged by Zero Point Development. The Client is responsible for keeping confidential any passwords and usernames issued to them by Zero Point Development.
- EXCLUSIVITY – Zero Point Development do not work on an exclusive basis unless this has been specifically negotiated.
- DEPOSIT – A 50% deposit of the total fee payable under our proposal for The Project is due before work will commence. At the discretion of Zero Point Development, The remaining amount will be due in accordance with the project stages outlined in your proposal. We reserve the right not to commence any work until the deposit has been paid in full.
- MODIFICATIONS & ADDITIONAL/OPTIONAL/RECOMMENDED SERVICES – Any modification or alteration which increases the time to complete a design (beyond the proposed and stated deliverables) may result in supplementary charges. You will be notified when moving into additional design time and will be charged for at our quoted hourly rate OR at the fixed fee attributed to that service. If your proposal or estimate contains items marked Additional, Recommended or Optional, you will be charged for these in addition to the total of base deliverables stated.
- DISBURSEMENTS & OUT OF POCKET EXPENSES – Fees for Zero Point Development’s professional services do not include outside purchases such as, but not limited to, web hosting and domain services, themes and addons, widgets and plugins, printing, photography, stock imagery, colour printouts, illustrations, shipping and handling or courier service. Expenses are itemised on each invoice. If consultant, support or supervisory services are required in out-of-town locations, we will bill accommodation, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates. These items will not be accrued without your prior knowledge. Anticipated disbursements will be itemised in The Proposal.
- TIME – Fees estimated in this proposal are done so for the purpose of budgeting. The costs are generated from experience based on similar projects. Fees are subject to change. Should there be any additions or alterations to the brief, Zero Point Development will keep the client informed of both work and fee status during the design and production program. If The Client does not provide expected information or respond to Zero Point Development in a reasonable amount of time, the timelines for the project may be affected. Zero Point Development will not be liable for any loss or damage resulting from such estimated time periods not being met.
- CONSULTATION – Where required, milestone meetings/calls/training sessions will be costed into each stage as itemised in The Proposal. Should additional meetings be requested or special presentations required, these will be charged at the hourly rate and reflected on the invoice. You will be notified if a meeting or call is in excess of the anticipated project scope.
- PROJECT DELAYS AND CLIENT RESPONSIBILITY – Zero Point Development will let you know of any required information/copy/imagery/services etc upon The Project proposal being accepted. Any time frames or estimates we give depend on you providing Zero Point Development with accurate and timely information and materials. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a reliable basis in order to expedite the feedback process. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
- COMMUNICATION – Once payment has been received and The Project has commenced, you must be available via e-mail, able to answer all questions and complete tasks throughout the design process. If you require to discuss details of your drafts by phone, please let us know with anticipation to make the proper arrangements.
- NATURE OF COPY – The Client agrees to exercise due diligence in its direction to us regarding the preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. Zero Point Development will not be held liable for any legal infringements as a result of artwork being distributed or published under client direction.
- ARTWORK APPROVAL, ERRORS AND OMISSIONS – Zero Point Development will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the clients’ responsibility to check all artwork carefully before final sign off on the artwork approval sheet. Zero Point Development is not liable for errors or omissions once this sheet is signed. Your signature (or electronic recognition) or that of your authorised representative is required on all illustrations or artwork prior to release for printing or other implementation.
- WEBSITE DESIGN & DEVELOPMENT – Zero Point Development utilises third party services and open source technology for web design and development projects. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Zero Point Development cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Zero Point Development cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current backup of your own website.
- RIGHTS OF ACCESS FOR WEBSITE DEVELOPMENT – The client agrees to allow Zero Point Development all necessary access to computer systems and other locations, as required, in order to complete a website project, including the necessary read/write permissions, usernames and passwords.
- WEBSITE HOSTING, DOMAIN REGISTRATION & OTHER THIRD-PARTY SERVICES – Zero Point Development does not offer hosting or domain name registration. If you ask for a recommendation, Zero Point Development will offer you the names of businesses who provide such services. While all reasonable care will be taken when recommending hosts and service suppliers, Zero Point Development will not accept responsibility for any product failure or consequent production losses. This includes, but is not limited to, your site not being online, service interruptions, limitations of these services, security breaches & loss of date. The Client is encouraged to research their hosting solution to ensure the service will suit their individual/business needs.
- WEBSITE CONTENT APPROVAL – Zero Point Development will encourage you to review your content and functionality before putting it live. Zero Point Development is not liable for errors or omissions once you have approved the site to go live.
- WEBSITE SUPPORT PERIOD – You will receive email support for 14 days after your site is deployed (put live). Zero Point Development encourages you to use this time to carefully, and, in the case of a WordPress site, load your information and process several test entries to become familiar with your new design’s functionality. After 14 days, there will be a charge for support depending on the frequency and complexity of your questions/edits. The support period is limited to the troubleshooting and fixing of items/content/functionality as specified in the initial proposal. Support or additional training requirements will be considered new work and invoiced at the applicable rate.
- LICENSES OF 3RD PARTY PRODUCTS – Zero Point Development offers services which often incorporate the use of 3rd party services and products. Zero Point Development may install these products on to your site utilising a developers license. In these cases, if you wish to terminate your engagement with Zero Point Development but wish to maintain the use of these licensed products or services, Zero Point Development will notify you of the licensing terms and give you an option to purchase an independent license for your site to continue using it/them.
- SEARCH ENGINES – Zero Point Development does not guarantee any specific position in search engine results for your website. Where stated in The Project proposal, we can perform basic search engine optimisation (SEO) according to current best practice using third-party supplied tools.
- CROSS BROWSER COMPATIBILITY – Websites created by Zero Point Development will be viewable in the latest versions of Microsoft Internet Explorer/Edge, Mozilla Firefox, and Safari. If you opt-out of the ‘Cross Browser Testing’ section of the proposal, we cannot guarantee error-free viewing in any specific browser. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. The client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in. We are not responsible for browser compatibility errors 14 days after installation. Unless clearly requested as part of The Project brief, compatibility on phones, tablets and other mobile devices is not guaranteed.
- PROPERTY & SUPPLIERS PERFORMANCE – Although reasonable care will be taken when recommending manufacturers, services and suppliers, responsibility cannot be accepted for any product failure or consequent production losses. Zero Point Development will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Zero Point Development is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for the quality, price, performance or delivery.
- CANCELLATION – Should the project be postponed or cancelled by the client, then the client shall be liable for our fees, costs and expenses up to the time Zero Point Development is notified in writing of such cancellation.
- LIABILITY – Our liability for any alleged negligence in our design and digital involvement shall not, in any event, exceed the amount of the fees charged to or paid by the client. In any event, Zero Point Development will not be liable in any way for the consequential damage which may be caused as a result of any alleged negligence.
- REFUNDS – Zero Point Development do everything possible to satisfy The Clients needs, but if a refund is requested, The Client will have to pay for all requested revisions beyond the initial designs. The remaining amount will be refunded to the client depending on how the payment was made. The Client agrees not to use any sighted revisions as they remain the property of Zero Point Development. Negotiations for full refunds will not be accepted. As clearly stated, all clients are asked to read and agree to these terms of service prior to the commencement of any project.
- PROJECT OWNERSHIP – Final flattened artwork files designed by Zero Point Development on behalf of the client may be transferred to the client after payment unless otherwise specified by Zero Point Development. This does not include code or software. Copyright on all software and code remains the property of Zero Point Development or its’ otherwise respective owner. Requests for layered artwork will be considered but please note the copyright of all original work remains with Zero Point Development.
- PORTFOLIO USE – After the completion of The Project, we might include the design we created for you in our Portfolio and do a mini-feature on our site. This feature is for design purposes only and if you decide you don’t want to be included, please let us know before the finalization of your project. You may also be asked to fill in a questionnaire with the option to include a testimonial paragraph for the Zero Point Development website. You are under no obligation to do so but your feedback is always appreciated.
T&C For Services
Before using any of the Zero Point Development services, you are required to read, understand and agree to these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Zero Point Development SERVICES (“SERVICES”). BY USING THE Zero Point Development SERVICES, YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT Zero Point Development’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Description Of Consultancy Service – Zero Point Development consultancy offers advice and best practice techniques on implementing, maintaining, securing and scaling websites that use WordPress and/or business processes that integrate with WordPress in any way, accumulated from many years of working with WordPress and businesses.
Description Of Support Service – Our support services offer WordPress support and maintenance of single-site installations of WordPress. Services include but are not limited to, any service and/or content Zero Point Development makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed through the Services. Zero Point Development reserves the right to amend, suspend or discontinue the availability of any Service at any time at its sole discretion and without prior notice. Zero Point Development service does not support multi-site WordPress installations.
Payment – You agree that you will pay for the Services and that Zero Point Development may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Zero Point Development WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Your total price will include the price of the service but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable. Prices for the Services may change at any time at Zero Point Development’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Use Of Services – You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by Zero Point Development and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. Zero Point Development reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person in doing so. Usage Rules may be controlled and monitored by Zero Point Development for compliance purposes, and Zero Point Development reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to Zero Point Development. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
Release and Indemnity – You hereby expressly and irrevocably release and forever discharge Zero Point Development, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or because of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Zero Point Development, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Zero Point Development Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
Limitation of Liability – In no event shall Zero Point Development be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or concerning the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
Zero Point Development, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY Zero Point Development OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Intellectual Property – Zero Point Development, zeropointdevelopment.com graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Zero Point Development. Zero Point Development’s intellectual property may not be used in connection with any product or service without the prior written consent of Zero Point Development. Notwithstanding the foregoing, the images and icons available in the Zero Point Development Press Kit may be used by partners and approved third-party sites in connection with providing appropriate links to the Zero Point Development Site.
Support Requests & Reasonable Use – Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support, please email support at zeropointdevelopment.com.
Each request is subject to a maximum of 30 minutes of development. The Zero Point Development management exclusively determines the effort required for the development. For work outside of the scope of the Zero Point Development 30-minute development agreement, Zero Point Development will work with you to scope and cost the additional work needed.
Zero Point Development will respond to your support request within 24 hours 7 days a week but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by Zero Point Development management or by its assigned agent.
Nature Of Support Requests – Requests should fall within the following categories.
- Styling elements with CSS
- Content population & image manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (advice and support)
- Theme/plugin audits
- Plugin installation and implementation
If you are unsure about whether or not a request meets these criteria, submit it as a ticket to our support system, and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet Zero Point Development management approval for support:
- Website redesign
- Landing page design
- Custom plugin development
- Custom theme development
- Search marketing/SEO services
- Any fix deemed by Zero Point Development management to exceed 30 minutes of effort.
Third-Party Materials – Certain services available may include materials from third parties. Zero Point Development may provide links to third-party websites as a convenience to you. You agree that Zero Point Development is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Zero Point Development is not in any way responsible for any such use by you.
Unlimited and Reasonable Use – The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Zero Point Development management, at its sole and exclusive discretion. Customers deemed to be abusing the Zero Point Development service will be contacted by the Zero Point Development management. Zero Point Development management retains the sole and absolute discretion to suspend service to you if we deem necessary.
Termination & Cancelation – Cancellation can occur at any time. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
Zero Point Development may terminate or suspend all Services and/or your Zero Point Development account immediately, without prior notice or liability, for any reason whatsoever, or no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Zero Point Development account, you must contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
Change – Zero Point Development reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Zero Point Development will notify you by posting an announcement on the site. What constitutes a material change will be determined at Zero Point Development’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
Holiday Support Cover – Occasionally, we will operate in “Holiday Support Cover” mode, such as during the Christmas and New Year break or other times when we cannot provide normal services due to staff holidays. We will monitor all support tickets during this time but reserve the right to only respond to what we deem as critical issues, including alien invasion, zombie apocalypse or some other event.
Force Majeure – Neither party shall be liable for any failure to perform under this Agreement when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, strikes, pandemics, alien invasion and prolonged shortage of energy. In the event of such delay, the date of delivery or time for completion shall be extended by a period of time reasonably necessary to overcome the effect of any such delay.
Miscellaneous – No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind Zero Point Development in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Zero Point Development shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zero Point Development’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Zero Point Development may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed per the laws of New South Wales Australia as if made within Sydney between two residents thereof, the parties submit to the exclusive jurisdiction of New South Wales Australian courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms and that all modifications must be in writing signed by both parties, except as otherwise expressly provided herein.