Introduction

By making your first payment to Semcore, you are confirming that you have read, understood and are in agreement with, the terms and conditions outlined below.

Email Communication

Semcore accepts emails as a legally binding form of communication. All project requests, approvals and final sign-off should be made via email even if verbal confirmation was given.

Quotations

  1. Quotes are valid for 30 days from the date of issue.
  2. If the quote is not accepted via an email confirmation within the 30 days, and project deposit not paid (see Payment Terms), then a new quote must be obtained. Fees may change due to material costs or Semcore fee alterations.
  3. Should the client make any variations or additions to the design brief after receiving the quotation, or during project development, then a new quote must be obtained.
  4. All prices quoted are estimates only. Quotations are based upon projected working hours and costs of materials at the time of quotation and are subject to amendment to meet any rise or fall in such rates/costs.
  5. If a mockup is created and the look and feel is approved, any changes requested by the client (post approval) that are above and beyond (or different to) the look and feel will be charged extra.

Payment Terms

  1. The full project cost is split into a 50% deposit and a 50% completion payment.
  2. 50% deposit is required, plus all content and materials (see Supply of Content), before any work commences on the clients project.
  3. 50% final payment is due before receipt of finished artwork or website going live. Proofs or full working demonstrations will be shown for client’s final approval at this stage. Client must officially sign-off on finished artwork via email.
  4. No finished artwork will be supplied, nor will a website go live, until final payment is made.
  5. An urgency fee (double the current hourly rate) will be charged to any client requesting work within a time frame that Semcore regards as short notice.
  6. Semcore also reserves the right to suspend services or remove a website from being live should payments be overdue. In such an event, the client is still liable for the costs to date.
  7. Should the client wish to cancel a project or service at any stage then the client is liable for the cost of any work completed to date. Cancellations should be made via email even if verbal confirmation was given.
  8. Following consistent non payment of an invoice Semcore will seek legal action.

Content – Supply & Creation

  1. If your company has a Style Guide, regardless of how simple or complex it may be, then it is imperative that we receive this information at the beginning of the project in order to help us maintain the continuity of YOUR brand. If this information (or similar) is supplied after work has begun then penalty fees may apply for any work needing to be re-created or edited.
  2. All written content MUST be supplied in electronic format (Word document, email, or similar). You will be solely responsible for the content of your project. Semcore is not responsible for proofreading any content. This stands true unless creation of content is included in the project.
  3. All supporting visual material such as logos and images should be emailed to Semcore if possible. If file sizes are too large then we can accept digital file storage access or a CD or DVD delivered to our address. (see company address on Contact Page).

Content Liability

  1. The client is solely responsible for the integrity of the written and/or visual content of any project that Semcore is requested to create. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client. Supply of aforementioned material by the client shall be regarded as a guarantee by the client to Semcore that all such permissions and authorities have been obtained.
  2. Clients are required to ensure that all content meets the current Australian legislation regarding publications.
  3. The client shall indemnify Semcore in respect of any claims, costs and expenses that may arise from any material included in their project by Semcore at the client’s request.
  4. Any project content you supply to Semcore to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Semcore against any action taken against Semcore by any such third party.
  5. Semcore reserves the right not to include any material supplied by the client if Semcore deems it inappropriate or offensive.

Project timelines/deadlines

  1. Semcore endeavours to respect all project timelines discussed with the client. However, all timelines provided by Semcore are estimated on a pre-determined length of time that Semcore considers realistic for the completion of said project without any unforeseen problems. The timeline is an estimation and not a 100% guarantee that the project will be complete by that date.
  2. All project content is required before the project start date. If the client does not provide ALL content before this date then all timelines discussed are void.
  3. If a client requests changes or additions outside of the original brief during project development then all timelines discussed are void.
  4. Clients should be aware that providing content one day late does not simply add one day to the timeline. Semcore will begin the next project in line where ALL content has been provided and the original project will be placed further down the queue.
  5. Semcore will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Website specific information

Domain name registration

  1. All domain names that Semcore register and manage on behalf of the client will always remain the clients property. Clients should contact Semcore directly if they choose to manage the domain name themselves at a different location.
  2. Semcore will charge an hourly rate for any management of a domain name outside of the Semcore domain name management account.

Hosting (with Semcore)

  1. Semcore prefers clients to host their website on the Semcore servers for quality and technical reasons but also for easy management, installation, trouble shooting and technical support.
  2. Hosting with Semcore provides the client with (at no extra cost): Server management, domain name management, website management and technical support including the setup of databases, and other server side operations that Semcore deems part of the services offered. We are not responsible for 3rd party technology or making it compatible with our technology. Nor are we responsible for website hacking.
  3. Semcore takes no responsibility for loss of business due to server down time, errors or hacking.

Hosting (3rd party server) If you choose to host your website on a 3rd party server then Semcore would like you to consider the following:

  1. Your chosen server may not be compatible with some of the code in the website that we design for you. Especially if your website makes use of a database.
  2. Semcore does not offer technical support for 3rd party servers.
  3. Semcore will charge an hourly rate for any work involving the 3rd party server.

Website/server errors and liabilities

  1. Semcore will endeavour to ensure that your website and any scripts or programs are free of errors but cannot accept responsibility for any losses incurred due to malfunction.

Website/Server Hacking

  1. Semcore cannot be held responsible for any hacking, malicious code or illegal activities of a third party that affect the Client’s website.

Browser Testing

  1. Throughout the website development, Semcore will test on all currently (at time of build) supported browsers and devices.
  2. Semcore will not be held responsible for any websites not working on out of date and/or unsupported browsers although we will do our best to ensure this isn’t an issue.

Search Engine Optimisation (SEO)

  1. Semcore offers no ranking guarantee for your website on Search Engines.
  2. The level of SEO work completed will depend on the specific project and quoted costs. All websites will at least be crawlable by search engines and have clear sitemaps.

Graphic Design/Print specific information

  1. It is the client’s responsibility to make sure all information is correct before going to print. A proof will be provided for final approval. If errors are found after printing, the client is still liable for payment.
  2. Semcore uses the services of a 3rd party company for printing. The 3rd party may change from project to project. Semcore is under no obligation to divulge the identity of the 3rd party printer.
  3. The client is welcome to source their own printer but is then responsible for forwarding all printing specifications to Semcore BEFORE the design of the project commences.
  4. Print colour may vary from print run to print run and/or from job to job or from front to back. It will almost definitely vary slightly between different print stock depending on the absorbency of the paper, the differences between matte and gloss and other factors.
  5. Colours will definitely vary from screen to print. Unless a specific colour code is provided Semcore will endeavour to match the colour from screen to print to the best of our ability.
  6. Semcore take no responsibility for errors or colour matching based on materials from 3rd party design agencies.

Permissions, Copyright and Intellectual Property

  1. All project creation files, including programming code, created by Semcore remains the intellectual/creative property of Semcore.
  2. Semcore also retains copyright of all original project design/graphics/photography/video and programming code (unless specifically agreed) and may only be commercially reproduced or resold with the permission of Semcore. The client is permitted to use this material only as expressly authorised by Semcore.
  3. Semcore cannot take responsibility for any copyright infringements caused by materials submitted by the client.
  4. Semcore reserve the right to re-use technical components developed during a project and will retain intellectual property rights on each development.
  5. Semcore shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from your project unless specifically agreed otherwise.
  6. Semcore observes Privacy Laws and Guidelines relating to personal data.

Errors, Technical Support and Maintenance

  1. Semcore offers free technical support for websites hosted with Semcore (does not include hacking or malicious code related issues). Clients who host their website on a 3rd party server are required to contact the 3rd party company themselves for any technical issues. Semcore will charge an emergency rate for support on 3rd party servers.
  2. Semcore does not offer technical support for the general use of your computer and any installed software there on.
  3. From time to time, one of the many software/technical applications that a website uses to function may be upgraded by the 3rd party company, creating errors. Semcore will always endeavour to make sure that any website created by Semcore, and hosted on our server, remains in a functioning order based on Semcore specifications. For large errors, Semcore reserves the right to charge an hourly rate to help fix the issues if approved by the client.
  4. Semcore takes no responsibility for loss of business due to server down time, errors or hacking.
  5. Semcore is not responsible for your internet service, home or office IT, home or office networking, computers, 3rd party software/technology, faxes, printers, routers, home or office mail-servers, phones, PDA’s, mp3 players, radio and TV transmissions, or any other technical/electronic devises. Clients are encouraged to contact the technical support department for the product purchased or the support department of the company used to install said devises at your location.

Liabilities

  1. Semcore will not be liable or become involved in any disputes between the project owner and their clients or any other 3rd parties and cannot be held responsible for any wrongdoing on the part of a project client.

Dispute Resolution

The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:

  1. Clearly communicate in writing the background facts leading to or causing the dispute.
  2. Set out clearly what action is required to settle the dispute.
  3. Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution.
  4. Discuss specific means of avoiding such disputes in the future.

Your (the Clients) Obligations

You:

  1. Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
  2. Agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
  3. Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
  4. Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
  5. Will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
  6. Agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to Semcore.

Changes to the Terms and Conditions

Semcore reserves the right to update these terms and conditions at any time without notice.