FMTECH

Definitions

FMTech Pty Ltd.

The client refers to the company or individual engaging the services of FMTech.

Application and quoted application refers to the product that is being quoted or referenced to within the quotation, estimate or invoice.

Payment Terms

Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:

• 30% of the total project cost will be invoiced on sign off. Work will be scheduled to commence when payment is received, (please alert your account manager to expedite scheduling)
• 40% will be invoiced on design approval by client.
• The final 30% will be invoiced prior to completion and must be paid before the site will be made live.
• Should the project exceed the agreed completion date by more than 14 days, FMTech reserves the right to issue the final invoice (minus 5% of the total project cost)
• The final 5% will be invoiced on deployment

Overdue and unpaid accounts

The clients agrees that where accounts remain unpaid after the fourteen days (14) day term may result in a late fee being applied and/or having artwork, files, software and produced materials to not be released either to the client or for production. Failure to pay an invoice after fourty (40) days from the date of issue may result in legal action being taken by FMTech in which case the client will be liable for all costs and expenses incurred in recovery of the outstanding amount.

Once work has commenced

Once we have commenced work on your project a partial refund may be available to you. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by FMTech (charged at our current hourly rate) and/or expenses incurred by The FMTech relating to your project up to the date of cancellation. We will provide you with a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable) you will be paid.

Work undertaken on your project may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from FMTech, the commencement of wireframes/prototypes by FMTech for your project, the development of a design concept(s) by FMTech for your project, the sourcing of imagery for your project, time spent on strategy for your website, internal discussions by our staff relating to your project, the allocation of future staffing resources in response to your project sign-off and any time spent building and/or coding your website. Expenses incurred may include the purchase of stock imagery, the purchase of third party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website.

Updates outside original scope

In the event of any variations or extensions to the project, or should a client wish to engage FMTech on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

Sub-Contracts

FMTECH may engage individuals (in Australia or Overseas) on a sub-contract or consultancy basis, whether or not operating under a corporate structure, to assist in the provision of services.

SERVICE TERMS

Intellectual Property

FMTech reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance

Content – FMTech can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.

Platforms

• Windows (7 up to current full version)
• Macintosh (OS 10.1 up to current full release version)

Browsers

• Internet Explorer - version 8 up to current full release
• Firefox 4 up to current full release
• Google Chrome
• Apple Safari - version 5 up to current full release

Browser Plug-ins

• Current version of Flash Player
• Windows Media Player
• QuickTime

Goodwill

This proposal assumes goodwill from both sides regarding:

• Current version of Flash Player
• Windows Media Player
• QuickTime

General

FMTech will only commence a project where an agreement has been provided by email or mail. An 'order' is deemed to be a written contract between FMTech and the client.

Project stages

Stage 1 – The client must thoroughly review the website design, providing feedback within five business days.

Stage 2 - The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.

Stage 3 - The client must carefully review the completed website including all content, providing feedback on any changes within three business days.

Final review - The client will review any changes made in stage three and authorise FMTech to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises FMTech to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, FMTech will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Bugs or system errors

When a project has been delivered, approved and hosted on live server, the client will have a two weeks grace period where FMTech will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Web Hosting/Email/Secure Webpage/Virus Protection

We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. It is your responsibility to ensure that all data is backed up. You agree to indemnify FMTech against any losses incurred as a result of using our services. You agree to take full responsibility for backup and protection of any files.

Email Hosting

FMTech via third party provider provides you with the capability to send and receive email via the Internet. The service includes the ability to use email accounts each with 5MB of email storage space. FMTech retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems. As owner and/or operator of the equipment and other resources utilised to provide services, FMTech has the legal right to block electronic communications from other entities on the Internet.

Software design and Application development

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, FMTech does not accept responsibility for any losses incurred due to website malfunction.

The project and any associated graphics and files remain the property of FMTech until all accounts are paid in full.

Any scripts, cgi applications, php scripts, programming code or software written by FMTech remain the property of FMTech and may only be commercially reproduced or resold with the permission of FMTech.

FMTech cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

Any additions to the brief will be carried out at the discretion of FMTech. Where no charge is made by FMTech for these additions, FMTech accepts no responsibility to ensure these additions are error free. FMTech reserves the right to charge an appropriate sum for any correction to these or further additions.

The client agrees to provide FMTech all materials required to complete the site (files, content and images) in a timely fashion.

FMTech will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or FMTech to meet agreed deadlines. FMTech will not be liable or become involved in any disputes between the site owner and their clients and FMTech cannot be held responsible for any wrong doing on the part of a site owner. FMTech will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents. FMTech will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

A deposit of 30% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms. If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

Content and data entry

The supply of content and assets is the responsibility of the client, unless the client is employing FMTech's copy writing service. All content for all sections of the website must be supplied at an agreed time and preferably in one delivery. Content must be thoroughly reviewed before it is supplied to FMTech. FMTech is not responsible for any spelling and grammatical errors.

Third Party Services

FMTech may require the usage of third party services – for example, credit card processing – to complete the Client's project requirements and will ensure these services are integrated into the project and working correctly upon completion. FMTech cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client's website and may require a one-off Web Development charge before resolving any problems that may arise.

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

Project delays

Where a project has final approval FMTech will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) FMTech reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and e-commerce development

Where a project has final approval FMTech will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) FMTech reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.
Database, application and e-commerce development

FMTech cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by FMTech before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications, php scripts or software written by FMTech remain the property of FMTech and may only be commercially reproduced or resold with the permission of FMTech.

Where applications or sites are developed on servers not recommended by FMTech, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from FMTech for external hosting will incur additional charges.

Where a large application is to be developed, the client is responsibile for providing a testing environment as similar as possible to the final production environment.

When a project has been delivered, approved and hosted on FMTech server, the client will have a one month grace period where FMTech will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility

FMTech will ensure that any site or application will function correctly:

• On the server to which it is initially installed
• When viewed with current Microsoft Internet Explorer version 7 to current full release
• When viewed with Mozilla version 4 to current full release

FMTech can offer no guarantee of correct function with all browser software including future releases.

Software hosting

FMTech cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service. FMTech reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms

Hosting is available through FMTech hosting. Any client requesting hosting on another server or outside our preferred supplier will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Payment of accounts

A deposit by the client is required before FMTech can commence a project. Any outstanding accounts for work completed by FMTech or our affiliates requires payment in full no later than 7 days from the date of invoice. Prior to completion of a project the client is obliged to pay the balance in full.

FMTech will contact clients to remind them of payments due if they are not received. If accounts are not settled and FMTech have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Complaints procedure

The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to FMTech who will acknowledge receipt and ensure that the matter is examined within two business days.

An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

*Please Note: These terms and conditions are subject to change at any time in our sole discretion. You will be notified via email in this instance.