TERMS & CONDITIONS

Updated: 25th July, 2022

Website Projects

With regards to any new, or redesign, website project, but excluding Website Template Projects

Unless otherwise agreed to, Vision Digital’s payment policy is as follows: For projects priced between $0.01 – $4,999.99, payment will be in full, and made before any work begins.
For projects priced between $5,000 – $9,999.99, payments can be made across 2 equal monthly payments.
For projects priced over $10,000, payments can be made across 3 equal monthly payments.

For all projects, regardless of price, work will commence, only after the initial payment has been made.

If any of the agreed payment are not received by Vision Digital on, or before, the stated due date, Vision Digital retains the right to cease work on the project until the payment has been received by Vision Digital.

If an alternative payment structure is agreed to by both parties, and payment amounts and/or due dates are not adhered to, Vision Digital retains the right to cease work on the project until the outstanding payment(s) have been received by Vision Digital.

Unless otherwise agreed to, in writing, by both parties, if more than one expected/agreed payment is late and/or outstanding, Vision Digital retains the right to deem the project as abandoned by the client.

If the client is unable to make all payments as previously accepted and agreed to, Vision Digital has the right to withhold and/or delay the website from launching to the public, until all previously agreed amounts can be paid, and the financial responsibilities of the client has been met.

All deposits and payments are non-refundable

If a client agrees to make payment to Vision Digital by way of installments, the client is committing to completing all payments as laid out in the agreement.

If the client finds meeting these previously agreed payments and installments difficult to adhere to, the client agrees to communicate with Vision Digital as soon as practical and disclose this information.

If the client is unable to make the payments as previously agreed, Vision Digital will endeavour to offer a possible solution to the client, but is under no obligation to renegotiate the terms, and is under no obligation to accept a lesser total amount than what was previously agreed to by the client.
Unless otherwise stated, all quotes are valid for 30 days from the date given

Clients can reserve space for their project by paying a deposit.
This will also lock in the quoted price

If a client pays a deposit to lock in a quoted prices and/or project start date, the client will have no more than 3 months from the date of payment to begin their project.
Failure to begin their project before this 3 month time period will result in the project being re-priced.
If this happens, the client will not receive their deposit back, but the deposit paid can go towards the first payment of the new price quoted.
In this instance, the project will not begin until the new deposit sum has been paid in full.
If the client decides not to go ahead with their project after paying their deposit, there will be no refunds of deposits paid, as all deposits are non-refundable.
Once a project has begun, and the client has paid the initial deposit, both parties are bound to deliver what has been agreed.
The client must pay the full amount that has been agreed for services, and Vision Digital must deliver the previously agreed end product.

If there is no contact from the client in any 3 month period, the project will be deemed abandoned by client. No refunds will be given, and any restart to a project will be quoted at full market rate.

You may place the project on hold for up to 3 months without incurring an extra charge. Any hold on the project must be agreed to by both parties in advance, and must be in writing. If you wish to place a project on hold for longer than 3 months, agreement by both parties must be in writing, before the hold is put in place, and a hold payment of $500 must be paid.

If an agreement has been made to place a project on hold for longer than 3 months, a resumption date must be agreed to.

If the client does not make contact with Vision Digital on or before the agreed resumption date, the project will be deemed to have been abandoned by the client. No refunds will be given, and if the client wishes to get the project back underway, it will be treated as a brand new project, charged at the full market rate – with a deposit required before any work is re-started.
If the client wishes to change the scope of the project from what was agreed before initial deposit was made, the client must request this in writing. The client is aware that any scope change will likely increase the price.

Both parties must agree to both the scope change, and the change in price – along with the difference in price being paid – before any scope change is confirmed and worked on.

A written change of scope request from the client, resulting in less work on the project will not automatically result in a renegotiated price at a lower rate for the clients project. In such cases, Vision Digital reserves the right to keep the quoted price the same, or even raise the quoted prices to account for the extra work required to redesign the project away from any initial design that may have been created.

If the scope of the project changes after the project has begun and the initial deposit has been paid by the client, Vision Digital reserves the right to treat such changes as a new agreement, and may choose to withdraw previously offered additions from the new agreement.

Any services that were included in the original agreement, but withdrawn from the new agreement (change of scope agreement) will be outlined and may incur extra costs to the client, but must be agreed to by both parties before a new agreement/change of scope can be confirmed.

If a change of scope if requested by the client, but the details around a change of scope cannot be agreed upon by both parties, the original agreement will remain in place, and the client is bound by the payments set out in the original agreement.

If a change of scope request is made in writing, Vision Digital reserves the right to decline such a request.
Unless otherwise agreed to before the project begins, any requests from the client that result in charges by a third party will be billed to the client, on top of the already agreed to price for the project. In instances where this occurs, this may also include a mark up to account for any taxes Vision Digital will incur for charging the client, and/or any time it takes to complete such requests.

Once Vision Digital contacts the client to advise that their project has been completed, and requests the client to go over the finished project and advise of any changes that are required, the client will have a maximum of 2 revisions to make sure they make Vision Digital aware of any required alterations.

The revision the client undertakes as a result of Vision Digital making contact and advising that the project has been completed will be considered to be the first revision.

After the client has completed the second revision and has advised Vision Digital of all the alterations they believe are needed to bring the project up to their satisfaction, Vision Digital will endeavour to launch the project.

If, after the second and final revision, the client finds further alterations that are needed and request these alterations to be made by Vision Digital, Vision Digital will make the requested alterations and charge the client at the standard hourly rate of $110 per hour. This will then be billed to the client for immediate payment, and is to be considered a project fee that is over and above the original project fee.

If extra alterations are made at the request of the client, and the client does not pay the billed amount, Vision Digital will consider the project unpaid, and reserves the right to place the website into “draft mode” until payment has been received.

Website Template Projects

Payments are to be made in full, for the website build portion, before any work is started on the project

All payments are non-refundable

If there is no contact from the client in any 60 day period, the project will be deemed abandoned by client. No refunds will be given, and any restart to a project will be quoted at full market rate.

You may place the project on hold for up to 30 days without incurring an extra charge. Any hold on the project must be agreed to by both parties in advance, and must be in writing. If you wish to place a project on hold for longer than 30 days, agreement by both parties must be in writing, before the hold is put in place, and a hold payment of $150 must be paid.

If an agreement has been made to place a project on hold for longer than 30 days, a resumption date must be agreed to.

If the client does not make contact with Vision Digital on or before the agreed resumption date, the project will be deemed to have been abandoned by the client. No refunds will be given, and if the client wishes to get the project back underway, it will be treated as a brand new project, charged at the full market rate - with a deposit required before any work is re-started.

If the client wishes to change the scope of the project from what was agreed before initial payment was made, the client must request this in writing. The client is aware that any scope change will likely increase the price.

Both parties must agree to both the scope change, and the change in price - along with the difference in price being paid - before any scope change is confirmed and worked on.

If a change of scope if requested by the client, but the details around a change of scope cannot be agreed upon by both parties, the original agreement will remain in place, and the client is bound by the payments set out in the original agreement.

VA Website Template Projects

Payments are to be made in full, for the website build portion, before any work is started on the project

All payments are non-refundable

If there is no contact from the client in any 60 day period, the project will be deemed abandoned by client. No refunds will be given, and any restart to a project will be quoted at full market rate.

You may place the project on hold for up to 30 days without incurring an extra charge. Any hold on the project must be agreed to by both parties in advance, and must be in writing. If you wish to place a project on hold for longer than 30 days, agreement by both parties must be in writing, before the hold is put in place, and a hold payment of $150 must be paid.

If an agreement has been made to place a project on hold for longer than 30 days, a resumption date must be agreed to.

If the client does not make contact with Vision Digital on or before the agreed resumption date, the project will be deemed to have been abandoned by the client. No refunds will be given, and if the client wishes to get the project back underway, it will be treated as a brand new project, charged at the full market rate - with a deposit required before any work is re-started.

If the client wishes to change the scope of the project from what was agreed before initial payment was made, the client must request this in writing. The client is aware that any scope change will likely increase the price.

Both parties must agree to both the scope change, and the change in price - along with the difference in price being paid - before any scope change is confirmed and worked on.

If a change of scope if requested by the client, but the details around a change of scope cannot be agreed upon by both parties, the original agreement will remain in place, and the client is bound by the payments set out in the original agreement.

The client agrees to make monthly payments of $49 to cover the cost of the associated monthly services, as laid out in the original agreement.

The client understands that these monthly payments are in advance, for services yet to be rendered, and no refunds will be made.

The client understands that there are no contracts, and no time agreement for these monthly services and this means they can cancel these monthly services at any time.

If the client stops making monthly payments, it will be assumed by Vision Digital that they have cancelled their monthly services and Vision Digital will cease providing the agreed upon services.

The client understands that assets acquired as a result of this package and the resulting monthly services remain the property of Vision Digital and can be purchased by the client at an agreed price once they discontinue their package subscription.

The client understands that by paying for a VA website template, they are asking Vision Digital to also provide web hosting, domain name, and email services.
The client understands that by cancelling their monthly services, they will also be cancelling the web hosting, domain name, and email services.

The client is free to take their business elsewhere if they choose and there will be no break fee to do this.

WEB CARE PLANS

For the purpose of these Terms and Conditions, where Vision Digitalis mentioned, it is deemed as Vision DIgital, trading as Web Care Plans.

REGISTRATION/CANCELLATION/PAYMENT/BILLING

Each client must nominate what website is associated with the plan upon signing up for services to be provided by Vision Digital. If a client has multiple websites that they wish to be serviced by Vision Digital, the client must register each website individually for each plan.
You give authority for Vision Digital to make regular charges to your chosen payment method. Unless otherwise agreed to, these payments will be made once each month and each payment will be made for services to be provided by Vision Digital for the following month.
If, for any reason, Vision Digital is unable to receive payment from you for any month, it will be deemed that you have cancelled your plan, and the provided services will cease operating. If you are unable to make a monthly payment, and we have deemed that you cancelled your plan, you may send an email to Vision Digital to have your plan re-instated.
In this situation, Vision Digital will also make the assumption that you have taken the necessary measures to discontinue further payments.
If payments restart, Vision Digital will make the assumption that you have decided to continue with receiving monthly services, and will act accordingly..
There will be no refunds given.
You may cancel your plan at any time. Upon cancellation of your plan the client is able to request the handover of all website access data from Vision Digital to the client themselves.
To cancel your plan, you may simply put your request in an email and send it to [email protected], once your request has been received, we will cease any further payments/charges being made to your requested payment method.
If you decide to cancel your plan, or discontinue receiving services from Vision Digital you agree to forfeit any remaining days of provided services in the time period that you had previously paid for

Servicing Hours

The number of free website servicing hours stated on each plan indicates that you may use Vision Digital to work on maintaining the registered website for any length of time which is up to, and including, the number of hours that is listed.
If the client does not use the maximum amount of free hours allotted to them in their specific plan for any month, the remaining hours are forfeited and can not be used in any subsequent months.
The client agrees to make all reasonable attempts to place a request for the use of the free hours of website servicing within 5 days prior to the end of their billing cycle. The client understands that if a request to use the free hours of website servicing is made within 4 days of their billing cycle ending, Vision Digital reserves the right to deny the client use of the free hours for that month, subject to availability of remaining hours in that month.
All free website servicing hours are calculated in 15 minute blocks, meaning that any servicing that took between 0 – 15 minutes would equal only 15 minutes being deducted from their free web servicing hours, and any servicing that takes between 16 – 30 minutes will equate to a total of 30 minutes being deducted from their free web servicing hours.
All extra website servicing is charged at the agreed rate, according to the plan chosen by the client, but is broken down into 30 minute blocks. Meaning, if a clients chosen plan allowed them extra website servicing at a rate of $100 per hour, but the servicing requested took between 0 – 30 minutes to complete, the client would be only charged for 30 minutes of servicing, and invoiced for only $50.
All actions completed by Vision Digital on behalf of, or at the request of, the client, which are in addition to he services outlined in the plan you have paid for, are deemed to be website servicing and are subject to the website servicing conditions.

Third Party

You accept and agree that Vision Digital uses third party providers to hand registrations, cloud data storage, payments, billings, website analytics, domain names, web hosting, SSL Certificates, and anti-spam measures.
You accept and agree that any potential holding charges placed on your credit card, debit card, or bank account by a third party are not the responsibility of Vision Digital and come under the operating terms and conditions of the third party which has placed such a charge.
By accepting this, you agree that Vision Digital cannot be held liable for any changes to third party terms and conditions of use, downtime, availability, or accuracy of data. You also agree that Vision Digital is not liable for any hidden charges or fees incurred through your choice to use any of these third party services, such as credit card, payment gateway, bank, or currency conversion fees.

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