Terms & Conditions
This contract is governed by the laws of NSW, Australia. The operation of the postal acceptance rule is expressly excluded. The terms and conditions contained on this document supersede any previous terms and conditions.
In no event shall SSW or its suppliers be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or of the inability to use the software. In no event shall SSW’s liability for any claims whether in contract, tort or other theory of liability exceed the purchase price of the subject products or services, unless such limitation of liability is otherwise prohibited by law.
The intellectual property rights, copyright and company trade secrets of SSW (conceived July 1989) vested in all software products, upgrades, dual-media software, hard-copy or electronic manuals and documentation are vested in SSW, which reserves the right to use the software or material, or any part of it in other applications and for its own use.
Development Work Credit
In the event SSW performs web development services, the Client acknowledges and will ensure that: (a) SSW receives a permanent credit on the Site (including, without limitation, any alteration, modification or subsequent use of the Site) which acknowledges SSW as the developer of the Site; Unless otherwise agreed in writing credit shall be “Proudly developed by SSW Sydney Web Design” in a suitable position of each page of the Site. This text will provide a permanent link to www.ssw.com.au; (b) SSW may claim credit in its own promotional material for the development of the Site; and (c) the Client will remove the credit within 24 hours of receiving a notice from SSW to do so. In the event SSW performs web or other software development services, SSW reserves the right to develop and publish a case study on the work performed.
Unless specified otherwise in writing, the Client authorizes SSW to undertake work on an hourly-rate basis. SSW may provide an estimated time to complete this work. Such estimates are not binding and all hours designated as performed will be charged at the rates set out or otherwise agreed. SSW reserves the right to not provide estimates for work regarded by SSW to be less than 24 billing hours. The minimum time chargeable for on-site work is 4 (four) hours per person per visit. The minimum time chargeable for off-site work is 15 (fifteen) minutes per person per request during business hours and/or 2 (two) hours per person per request outside of business hours.
SSW may offer a pre-paid rate where time is pre-paid in blocks of 40 hours per resource. Pre-paid rates become effective upon the day of payment. Rates revert to standard if pre-payment is not made prior to work commencing, or not so made for second or subsequent prepaid invoices in respect of work past the previously prepaid work. We recommend that you process payment within 24 hours of receiving a new invoice to ensure that the prepaid discount is maintained. Unused prepaid credit expires 12 months from the date of issue of the invoice. No refund will be made for unused prepaid credit.
Fixed Price Work
SSW may agree to perform certain work for a fixed price in accordance with an agreed specification and/or release plan/s. In this event, the specification and/or release plan/s are fixed. Any additional or unspecified work will be to the Client’s account. A fifty percent payment of any fixed-price component is required prior to commencement of work and twenty-five percent payment is required upon delivery of the software for User Acceptance Testing (i.e. when a “test please” email is sent). The final twenty-five percent payment is required prior to the Release entering Production OR work commencing on any other release OR the elapse of 30 days after sending the “test please” email (whichever is sooner).
SSW will only conduct fixed-price work in a Development and/or Staging environment. The Client forfeits any incomplete or unfinished work the moment the Release enters Production. No warranty applies after the Release enters Production.
The following are excluded from any fixed price agreement: on-site work (including on-site meetings), specification development/scoping (including the generation of further estimates), production deployment, 3rd party component integration or configuration, data migration, network infrastructure or hardware services, graphic design including mockups. SSW conducts all development and testing in an environment with a default configuration.
Requests for Work
Work requested by the Client (including employees or representatives of the Client), in written, electronic, or verbal form, is authorized by the Client. The Client may choose to work through a “Company Champion.” If so, the Client must inform SSW of this decision in writing. Subsequent to this advice the Company Champion has sole authority to request billable work. All requests that the Company Champion is CC’d on are considered authorized.
For more information, see What is a company champion.
Direct or uninvited solicitation of an SSW employee by the Client is prohibited unless authorized in writing by SSW. The Client warrants that should the Client solicit the employee, thereby breaching the prohibition, the Client will pay damages to SSW of an amount proportionate to 21% +GST of the total remuneration package offered to the employee plus liquidated damages of 4 (four) weeks pay +GST of the total remuneration package.
No warranty applies to work done on an hourly basis, this includes bug fixing. SSW and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties or merchantability and fitness for a particular purpose, with regard to the software, the accompanying written materials, and any accompanying hardware.
A limited 7 day warranty begins upon delivery of any fixed price component or Release not in Production. If the component or Release enters Production prior to the expiry of 7 days, the warranty ceases. A software issue within the fixed price component or Release is covered by the warranty where:
- The application crashes to code (excluding bugs resulting from third party products e.g. “blue screen of death” or crashing in a third party data grid that we cannot control); or
- The application displays data inconsistent with the specified business rules; or
- The application is missing functionality specified in the specification; or
- The page design/layout is substantially inconsistent with the agreed mock-ups
and the developers can reproduce the above on the test server and the application is not yet “live” and the issue has been reported in time. All software issues shall be presumed to fall outside the warranty unless proven by the client otherwise. More examples of what is/is not a “bug”?. The doing of work by SSW within any warranty period cannot be construed as an admission by SSW that the work is work performed pursuant to a warranty.
Reproducing issues can be difficult. The client warrants that before reporting an issue the client will:
- run Windows Update
SSW will perform these tasks to the clients account before investigating any issues if the tasks not completed successfully by the client. Software will be supported either under an hourly rate, Service Level Agreement or on a Per Issue basis. SSW will only support web applications accessed using the most recent version (at the time support is provided) of Internet Explorer and/or Chrome. No other browsers are supported.
Negotiation of rates in foreign currency
SSW may in its sole discretion agree to fixed price or hourly rates in a foreign currency amount, however all invoices will be rendered in AUD based on the relevant exchange rate published on www.xe.com at the time the invoice is generated. The Client bears all costs or fees arising from or relating to any foreign currency exchange or international transfer.