The below applies to all projects undertaken by Dogulin Digital Pty Ltd unless otherwise agreed.
The Client (“Client”): The company or individual engaging the services of Dogulin Digital Pty Ltd.
Dogulin Digital Pty Ltd (“Dogulin Digital”): The entity providing services.
Dogulin Digital will carry out work only where an agreement that outlines the project requirements, scope and fee arrangement is entered. This may be provided in various formats including but not limited to email, telephone, mail and fax. In the instance where a non-documented agreement is made (i.e. telephone, verbal), Dogulin Digital will email a summary of the discussions and requires an affirmative response from the Client prior to commencing work on the project. Before work is commenced, Dogulin Digital requires a commencement payment to be made as per terms of quote.
We want to ensure our clients are happy and will endeavour to deliver the highest quality work. It is our policy and service to you that concluding the website launch we offer free support to in scope bug fixes for a period of 28 days following delivery of the project.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Dogulin Digital cannot accept responsibility for any losses incurred.
Dogulin Digital does not take responsibility for any intellectual property infringements as a result of materials or brief submitted by the Client.
Any out of scope work will be carried out at the discretion of Dogulin Digital and may incur an additional cost. Where no charge is made by Dogulin Digital for such additions, Dogulin Digital reserves the right to charge an amount for any corrections required.
The client agrees to make available all materials required to complete the site to the agreed standard and within the agreed project plan.
Dogulin Digital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Dogulin Digital will not be liable or become involved in any disputes between the site owner and any other party and will not be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes re content/images that have been provided to Dogulin Digital for inclusion on the site.
Dogulin Digital 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.
Dogulin Digital will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
In no event shall Dogulin Digital be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are required to pay for the project phase that has been commenced. Non- payment may result in legal action. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and under no circumstances will refunds be offered.
Database, Application and E-Commerce Development
Dogulin Digital does not accept responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem 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 Dogulin Digital, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server and furnish detailed information to Dogulin Digital to assist correct development. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to fully test any application or programming relating to a site developed by Dogulin Digital before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Dogulin Digital will endeavour to correct these issues to meet the standards of function outlined in the brief.
Dogulin Digital will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly across the most popular if not all commonly used browsers, namely Internet Explorer 9 or above, Firefox, Chrome and Safari.
Dogulin Digital offers a cloud based hosting solution and guarantees above 99% uptime of servers and in combination with their load balancers Dogulin Digital remains confident in the client’s website and services remaining online until requested otherwise by the client.
However in the event of losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss Dogulin Digital will not be held liable.
Dogulin Digital reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.
The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Dogulin Digital policy that any outstanding accounts for work carried out by Dogulin Digital or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless otherwise stated.
Dogulin Digital will charge clients in advance for services. We will not commence the next phase of a project until full payment is received.
If accounts are not settled or Dogulin Digital has not been contacted regarding the delay, access to the related website may be denied and web pages removed. Following consistent non-payment of an invoice we may seek legal action.
We undertake to keep all files and associated materials confidential and secure in accordance with reasonable provisions.