Terms of Trade
Definitions:
Contract: A contract with Spinning Planet Ltd is formed once the client accepts the quote by email.
Client: The client we are contracting with is the business or individual specified in the quote.
Services: Our websites and Internet marketing are quoted at a fixed price and only include services specified in the quote. Anything outside the scope of the quote will be quoted for separately.
Price: Where a price has been estimated on a quote, the final price may vary. GST is chargeable and is itemised separately on our quotes and invoices.
Copyright: The client retains ownership of work that we are commissioned to do and any images or text supplied for the production of work. We retain copyright of Spinning Planet modules and any generic code used to produce work.
Updates: If the client requires an update such as adding new content or making a change Spinning Planet will quote for the change first.
Upgrades: At regular times Spinning Planet will upgrade features of your website to improve security, performance and compatability. These upgrades do not cost extra and are built into the monthly fee we charge you.
Backups: Spinning Planet makes daily backups for 3 days in a row of client data such as website and emails. If the client needs a specific file from backups an innitial fee of $35 will be charged to retieve that data.
Client Responsibilities
Acceptance of quote: Once a quote is given it is valid for 30 days. To accept the quote the client must agree to our Terms and Conditions by submitting the form below.
Website Content: Spinning Planet will provide the client with a content request outlining all content that needs to be supplied for the design and build of the website. It is the responsibility of the client to provide Spinning Planet with all the content requested before the agreed due date, and in the format specified in the content request.
Content Due Date: The content due date will be agreed upon once the content request has been supplied by Spinning Planet. This may be 2 weeks, 1 month, or 2 months from the date of the content request unless otherwise agreed. Up to 1 week after the due date will be allocated for the supply of miscellaneous content that may be required. If all content is not supplied by the agreed due date an administration fee of $280 will be charged to cover re-checking of content for the project and project re-scheduling.
Scheduling: Spinning Planet will schedule the project to provide the client with an accurate due date for the project and ensure efficiency. However project deadlines rely on communication between the client and Spinning Planet.
- 1 week is allocated for design concept acceptance. This incudes any alterations to the design concepts. If the client requires a longer period of time for concept sign off this must be agreed upon before the project is scheduled. If a decision is unable to be made before the due date an administration fee of $140 will be charged for re-scheduling the project.
- 1 week is allocated for client testing once the website is complete. The client must then provide Spinning Planet with any adjustments that may be required before the website goes live.
Payment: Payment is by bank transfer, credit card or cheque. Payment is due by the 20th of the following month unless otherwise specified on the invoice, quote or contract. If payment is not made by the due date Spinning Planet reserve the right to suspend services until payment has been made.
Claims: The client agrees to indemnify and hold harmless Spinning Planet Limited from any claims resulting from the use of our products or services.
Support
Free Website Support: The "free support" that comes with your hosting includes email support (setting up email accounts, helping set up emails on your computer, making sure your emails work), and normal website support (making sure the website is working correctly, helping you with any queries regarding updating content).
Modules: All our standard modules like Promo Box or Calendar get free ongoing support.
Custom Projects: Custom projects are developed specifically for a client and therefore require additional support. This will be outlined in the Terms of Reference for the specific project. Depending on the size and complexity of the project we would generally recommend additional monthly support for the first 6-12 months to help with any training or unforeseen glitches in the project. After this time the custom project will incur regular ongoing monthly costs similar to other modules to make sure the system continues to work as it was designed, and to help with any questions or training you may require.
Website Review Meetings: Our free 3 monthly website review meetings are for you to meet with us and discuss how your website is performing. We can analyse your website statistics and show you the areas that are performing well and which areas need improvement. This is also an opportunity for you to discuss any questions you may have, or seek additional training for the website. The aim is to make sure your website to be performing at its best as an online marketing tool.
Note: Now that Spinning Planet staff work remotely, we no longer do "face to face" meetings but instead teleconference, use TeamViewer or the SP Support tool.
Meetings are for:
- Analysis of website statistics
- Discussion of any issues/queries/improvements that could be made
- Further website training
- Further module training
Meetings do not include:
- Changes/alterations to website/module design
- Changes/alterations to website/module code
Training: Clients will be taken through initial one on one training for websites and modules. Spinning Planet will also provide video tutorials.
Content Management System: Spining Planet only support the e107 content management system for clients that are hosted with us.
Charged Support: Charged support is for support that is beyond regular support that is offered as part of our website packages and modules. For support outside of the initial project scope see our support below:
Spinning Planet Support | FREE | Paid |
| Email Support | ||
| Create new accounts |  | |
| Reset passwords/look up forgotten passwords | | |
| Delete old accounts | | |
| Forwarding accounts to other users | | |
| Creating email aliases | | |
| Email account set up on computers (Outlook, Thunderbird, Mac Mail) | | |
| Email account set up on mobile devices (iPhone, iPad, Andriod) | | |
| Website Support | ||
| We will provide website training and show you how to: | ||
| Use our e107 content management system: | | |
| Add new pages | | |
| Add images | | |
| Add video | | |
| Contact Us module | | |
| Meta tags | | |
| SEO/FURL module | | |
| Trouble logging in | | |
| Banned/Blocked user | | |
| Website not working correctly | | |
| We'll have to quote for the following types of tasks: | ||
| Alterations not relating to the system working correctly | | |
| Adding content after the website has been completed | | |
| Module Support | ||
| Module training | | |
| Help using the module | | |
| Module not working correctly | | |
| Adding content after the website/module has been completed | | |
Custom Coding and Custom Module Support If not stated in the project quote, after the project has been completed any additional support will have to be quoted for before we can proceed. Below are some examples: | ||
| Training | | |
| Resolving system glitches | | |
| Looking into unforseen issues | | |
| Functions are not working correctly | | |
| Fixing issues outside the scope of the original project (eg. changes to browsers, changes to third party applications) | | |
| Modifying functionality (that does not relate to system failure) | | |
| Adding additonal functions | | |
| Other Support | ||
| Google AdWords (outside of our Google AdWords Management) | | |
| Google Analytics (outside of the 3 monthly meetings) | | |
| Additional Consultation | |
Ownership and Use
At any time after the first 12 months the client may move their entire website such as email accounts, content management system, domain name, etc. to a new provider. The client is also permitted to sell their entire website and system. This is made possible by the following clauses:
- Spinning Planet Limited gives the client rights to use Spinning Planet copyrighted material used in the operation of their website (modules, admin theme, etc.) in one instance of the client website.
- The E107 Content Management System is Open Source software and will be supplied to the client without charge upon request.
Warranty and Refunds
Warranty: We guarantee to repair any defects within 30 days of the work being supplied to the customer, after which time the client accepts the work as being free from error.
Websites: We provide a 100% money back garauntee within 30 days of the site going live. For any reason within those 30 days the client may cancel the contract and a full refund will be given at which point copyright ownership for the design of the website would revert back to Spinning Planet Limited.
Hosting: Hosting can be cancelled after 12 months. Any time accumulated after the first 12 months that has been paid for will incur a 50% refund.
Domain Names: There is no refund for domain name registration because the money is paid to a third party.
Custom Projects: Refer to the terms of reference contract for the specific project.