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Terms

Terms & Conditions

Below is an outline of our standard terms and conditions. Please take time to read through thoroughly and ensure you understand these terms and conditions before you commence a project with Linking Industries.

All work is carried out by Linking Industries on the understanding that the client has agreed to Linking Industries’ terms and conditions.

Please note terms and conditions are subject to change at any time and is the responsibility of the client to periodically review terms and conditions.

Definitions

• We: Linking Industries
• Client, You or Your: The person or entity requesting the services of Linking Industries.
• Project: Refers to anything that is created by Linking Industries. Including, but not limited to, graphic design and website design etc.

Full ownership and copyright is assigned to client only once full payment is cleared in full.
If a choice of design is presented, only one solution is deemed to be given by Linking Industries as fulfilling the contract. All other designs remain the property of Linking Industries, unless agreed upon in writing that this arrangement has been changed.

Brief

Before a project quotation can be given, Linking Industries requires a full project brief to be supplied by the client. If the brief varies greatly as the project evolves this may result in a change in estimated cost and time frame parameters.

Quotation

At the time of project proposal, Linking Industries will provide the client with a written estimate or quotation.

We base all cost estimates on an hourly rate taken to complete a project. If a project takes less time to complete than the estimated time frame we invoice less accordingly. If a project is going to take far greater time than initially estimated, we will inform you and detail the reasons why this time increase may occur. We will then revise the costings to be satisfactory to both parties.

Quotes are valid for 30 days from the date of issue.

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 Linking Industries’ fee alterations.

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.

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.

Work required at short notice and after office hours may incur extra charges.

Commencement of work

The client agrees to provide written approval or emailed approval of a quote or estimate before any work is commenced. The placement of an order for design and/or any other services offered by Linking Industries and validated by the written or emailed approval on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Linking Industries.

Payment

We invoice upon completion of each stage of the project unless prior arrangements have been made. All payment terms are strictly 7 days from date of invoice.

For larger projects with a design estimate of $2,000 AUD or more the full project cost is split into three payments of 50% deposit, 25% milestone payment and 25% final payment.

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.

No claim against invoices are accepted after 14 days.

Supply of content

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.

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. Linking Industries is not responsible for proofreading any content.

All supporting visual material such as logos and images should be emailed to Linking Industries if possible. If file sizes are too large then we can accept a Dropbox link. Alternatively a CD, DVD or USB can be delivered to our address. (see company address at top of page).

Approval of final artwork

The client is to proof read and approve all final copy before the production of artwork. The email verification of the clients or representatives shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. While Linking Industries will take complete care to avoid errors, Linking Industries accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a client. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading.

Design project completion

Linking Industries considers the design project complete upon receipt of the customer’s written or emailed approval. Other services such as printing, website uploading, publishing etc contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Project time lines/deadlines

Linking Industries endeavours to respect all project time lines discussed with the client. However, all time lines provided by Linking Industries are estimated on a pre-determined length of time that Linking Industries 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.

All project content is required before the project start date. If the client does not provide ALL content before this date then all time lines discussed are void.

If a client requests changes or additions outside of the original brief during project development then all time lines discussed are void.

Clients should be aware that providing content one day late does not simply add one day to the timeline. Linking Industries will begin the next project in line where ALL content has been provided and the original project will be placed further down the queue.

Linking Industries will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Print design

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.

Linking Industries uses the services of a 3rd party company for printing. The 3rd party may change from project to project. Linking Industries is under no obligation to divulge the identity of the 3rd party printer.

The client is welcome to source their own printer but is then responsible for forwarding all printing specifications to Linking Industries BEFORE the design of the project commences.

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.

Colours will definitely vary from screen to print. Unless a specific colour code is provided Linking Industries will endeavour to match the colour from screen to print to the best of our ability.

Linking Industries take no responsibility for errors or colour matching based on materials from 3rd party design agencies.

Linking Industries and its clients agree to comply with Printer’s terms and conditions which include disclaimers for non-completion on time.

Website design

Once web design is complete, Linking Industries will provide the client with the opportunity to review the work. Linking Industries will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Linking Industries by e-mail.

Linking Industries will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

We will not test websites in old or abandoned browsers or mobile operating systems, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.

Hosting websites

Linking Industries does not offer an in-house web hosting service. Linking Industries does have recommended sub-contractors and can organise your hosting on your behalf. Linking Industries does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

Linking Industries may request that clients change the type of hosting account used if that account is deemed by Linking Industries to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Linking Industries are not liable for their payment. Should Linking Industries arrange the hosting on your behalf Linking Industries will invoice you immediately for this service.

Linking Industries is not a web site hosting company and so we do not offer or include technical support for web site hosting, HTML email or other services relating to web site hosting.

WordPress and other CMS

Linking Industries offers configuration services for the software used to build your site. The client must accept the GPL licence that comes with the CMS software and, specifically, that it comes with no warranties of any kind.

We, of course, have a responsibility to make your website as secure as possible, within the limits of the platform used, e.g. changing admin account usernames, strong passwords, latest versions of software and plugins, secure directory permissions, not using untrusted third party components etc. Those are configuration requirements.

We will install the latest version of WordPress and any theme used but please note that we do not give support or any questions related on how to install and maintain WordPress. For any faults that may cause your website or theme to malfunction you should refer to WordPress or your theme support forum. Alternatively you can get help from your web hosting. We’ll be happy to help but charges will apply unless a Support Agreement in place.

Maintenance and Security

Unless covered under a Support Agreement, maintenance and security of your website is the responsibility of the website’s owner/administrator. Maintenance and security that should be carried out regularly include but is not limited to:
Keeping your version of WordPress or other CMS up to date and all extensions up to date. From time to time updates to software are released to keep ahead of hackers, to keep up with changes that may be made to other applications such as Facebook or to add functionality. You should check your website at least once a month to make sure it has the latest software.

Backing up your website. We backup our servers but this doesn’t guarantee that your website is correctly backed up and restorable. For example we overwrite the previous backup each time so if your website was hacked 3 days ago, and your only notice it today, chances are a hacked copy of your website will be included in the backup. We install backup on every site we build to make backing up your site easy.

Keeping the content on your website up to date. Unless covered under a Support Agreement, content management is up to the website owner/administrator.

We take preventative measures in providing security for your website depending on the CMS but there is no way of guaranteeing your website won’t get hacked (if the Government still gets hacked, chances are you may too). If you keep regular backups of your site and keep your WordPress plugins or other CMS extensions up to date, then you will significantly reduce the risk of getting hacked and if you do, having a recent backup will make it easier for us to restore your site. Restoring a hacked website does come under our Additional Support, so please ensure you keep your site backed up and up to date.

After the site goes live if there is no maintenance agreement in place and a site gets hacked because it isn’t using current versions of all components, then Linking Industries takes no responsibility.

Domain Registration

Linking Industries cannot guarantee the availability of any domain name. Where Linking Industries is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine Optimisation (SEO)

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Linking Industries cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Your website will be generated with the basic level of SEO by submission to Google, using meta-tags for descriptions, keywords and generating links to and from reputable associated sites.

Linking Industries also uses 3rd party companies for assisting with SEO and is willing to put you directly in touch with those companies if and when the time arises.

HTML Emails

Email code renders differently on different operating systems, different devices and in different email clients – Consequently the fold will move around for different recipients (it’s typically 400-700px), and the real estate that a paragraph of body copy takes up will vary due to differences in line height and font size rendering. So it’s worth thinking about using the email as a teaser and putting your main/large content on a landing page.

HTML emails don’t work the same as websites. HTML emails are viewed through various different email programs that blocks certain type of code such as CSS, JavaScripts and even fonts and images. There are also typeface limitations – its best to stick with the basic, cross-platform fonts. A (really) small number of email clients support the use of web fonts provided through Google Web Fonts. Some email programs have their images switched off by default which means your recipients only see few empty boxes with a small red cross to indicate a missing image. This leads to your recipients unsubscribing or deleting your email immediately. Spam filters tend to block this type of emails as well. Do not assume all recipients have exactly the same computer with exactly the same email program as your own. We make sure your email is optimised to display properly across different screen sizes, resolution and preview panes but cannot guarantee perfect viewing in old or abandoned email systems.

Technical Support

Linking Industries does not offer any ongoing technical support beyond the design and development of your website, HTML email or any digital media. If you do require help with anything beyond the design and development, we’ll be happy to help and will charge you the hourly rate.
Once the project has been released (72 hours after confirmation email that all functions are working properly and client is satisfied) the site will be up to you to maintain including either hiring us for technical help or seeking out your own maintenance vendor for the site. If client does not get back to Linking Industries within one week to confirm any outstanding issues, we reserve the right to close the project and consider it complete. All technical issues within that week must be submitted in writing.

All repairs and technical help will be the responsibility of the client. Because we develop the design of the website does not mean we have the ability to be the vendor on the technical side.

Design credits

The client agrees to allow Linking Industries to place a small credit on printed material, exhibition displays, advertisements and/or a link to Linking Industries website on the client’s website. This will usually be a small logo or line of text placed near the bottom of the page.

The client also agrees to allow Linking Industries to place websites and other designs, along with a link to the client’s site on Linking Industries website for demonstration purposes and to use any designs in its own publicity.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Linking Industries will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.

Please note: any cancellation which is not formally confirmed in writing and received by Linking Industries within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Confidentiality

Linking Industries shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.

Disclaimer

Linking Industries makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Linking Industries will not be held responsible for any and all damages resulting from products and/or services it supplies. Linking Industries is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.

While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Linking Industries responsible for any such loss or damage. Any claim against Linking Industries shall be limited to the relevant fee(s) paid by the customer.

Linking Industries reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Linking Industries will not knowingly perform any actions to contravene these and the client also agrees to be so bound.