Terms And Conditions
Signing this agreement with Bigblock Solutions confirms that you are in agreement with and bound by the terms and conditions set out below. These terms and conditions (“Terms”) apply to all consultancy services and any goods provided by Bigblock Solutions, ABN: 12 827 935 542 to the Client referred to in a quotation, proposal, statement of work, or project schedule.
These terms and any written Project Schedule set out the entire agreement between Bigblock Solutions and the Client in relation to the supply by Bigblock Solutions of Deliverables. They supersede any document that the Client may issue (such as a purchase order), and all prior agreements, negotiations, communications and representations by the parties. By placing an order with Bigblock Solutions, you confirm that you are in agreement with and bound by the terms and conditions set out below.
1. Definition
Bigblock refers to Bigblock Solutions.
The client refers to the company or individual engaging the services of Bigblock.
2. Payments
The client must pay all charges as set out in the order. The client will remain liable for all fees during any period when services have been discontinued or suspended due to a failure on your part to comply with these contract terms.
The client is liable to pay overdue fees at 2.5 % per week on any amounts not paid within the specified due date of the invoice. All intellectual property rights remain with Bigblock until payment. Any third party products or services obtained by Bigblock on behalf of the client require full payment by the client.
3. Sign-Off / Project Presentation
For the purpose of billing, a project is considered to be ‘Presented’ when a link is emailed to the client giving them a URL where the client can view their website or product.
4. Updates Outside Original Scope
In the event of any variations or extensions to the project, or should a client wish to engage Bigblock on a time and materials basis, all work will be undertaken in accordance with our hourly rates.
Changes to the presented product or design that are deemed to be excessive or additional features, modules or functionality not specified by the client at the outset or detailed in our proposal, will attract an extra cost.
5. Intellectual Property
Bigblock reserves 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.
6. Confidentiality
Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information, other than for the purposes contemplated by these terms. Each party must keep all of the other party’s confidential information confidential, and only use it for the purposes of fulfilling its obligations under these terms.
7. Agreement Non-Exclusive
The client acknowledges that Bigblock is providing services to the client on a non-exclusive basis and that Bigblock may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach confidentiality clauses).
8. Support And Maintenance
Bigblock can provide a support, maintenance and update service if required. This is billed at our standard hourly rate or as part of a support plan. It is the client’s responsibility to engage Bigblock for this preventative work.
9. Variations And Extensions
In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. Bigblock can also be engaged on a time and materials basis.
10. General
Bigblock will only commence a project where an agreement has been provided by email or mail. An ‘order’ is deemed to be a written or verbal contract between Bigblock and the client.
This includes written and verbal agreements via telephone and email.
Bigblock reserves the right to place a company link on a non-conspicuous location on the client’s Web Site acknowledging their role in designing the Web Site.
11. Bugs Or System Errors (3O-Day Warranty)
When a project has been delivered and approved, the client will have a 30-Day Warranty Period where Bigblock will address any reported system errors or bugs free of charge. After the warranty period any required maintenance will be billed at our standard hourly rates.
After the warranty period Bigblock can offer no guarantee of correct function with all browser software including future releases.
12. Web Design And Development
While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Bigblock does not accept responsibility for any losses incurred due to website malfunction.
Any website development is tested for modern web browsers including Chrome, Firefox, Safari, Edge and Samsung Internet. We do not support Internet Explorer or older versions of browsers for usability and security reasons.
Any scripts, programming code or software written by Bigblock remain the property of Bigblock and may only be commercially reproduced or resold with the permission of Bigblock.
Bigblock 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.
The client agrees to provide Bigblock all materials required to complete the site (files, content and images) in a timely fashion. Bigblock will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Bigblock to meet agreed deadlines.
Bigblock will not be liable or become involved in any disputes between the site owner and their clients and Bigblock cannot be held responsible for any wrongdoing on the part of a site owner. Bigblock 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.
Bigblock 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.
An upfront deposit 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.
13. Content And Data Entry
The supply of content and assets is the responsibility of the client, unless the client is employing Bigblock’s copywriting 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 Bigblock. Bigblock is not responsible for any spelling and grammatical errors.
14. Project Management
If a project is delayed due to reasons beyond Bigblock’s control, Bigblock reserves the right to charge additional project management costs to recover costs associated with ongoing management of the project.
15. Database, Application And Ecommerce Development
Bigblock 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 or system developed by Bigblock 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.
Where applications or sites are developed on servers not recommended by Bigblock, 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 Bigblock for external hosting will incur additional charges.
Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.
16. Website Hosting
Bigblock 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.
17. Hosting Terms
Hosting is available through Bigblock hosting or Cloudways. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider plus any delays caused by the said hosting provider.
18. Payment Of Accounts
A deposit by the client is required before Bigblock can commence a project. Any outstanding accounts for work completed by Bigblock or our affiliates requires payment in full no later than 30 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.
Bigblock will contact clients to remind them of payments due if they are not received. If accounts are not settled website access and support may be denied and web sites or projects removed.
19. Complaints Procedure
Any client experiencing problems with a web service provided by Bigblock should contact their assigned Producer (Project Manager). Clients should supply the URL of the problem and clearly outline the issue in question. Bigblock will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.
