Deadpool upside down

Terms and Conditions

Updated 5 Oct 2017

Agreement for service:

  • An agreement for service commences upon written acceptance of quote and receipt of a deposit within 1 month. Where no quote has been issued, an agreement for service commences upon written request for any services, or written confirmation of your request.
  • Any amendments or changes to requirements must be agreed to in writing and may incur additional cost.
  • Only those services mentioned will be provided by Kapow Interactive. Services such as copywriting, search engine optimization, online advertising and logo creation are not included unless specifically mentioned.
  • Please read your quote carefully and if you have any questions, contact us to address these issues before signing.

Quoted work:

  • For most projects, we will quote you for work ahead of time for you to approve. This applies for any training/strategy workshops and projects which we expect to take 5 hours or greater.
  • Please read your quote carefully and contact us as soon as possible before signing if there are any errors or omissions.
  • You will be invoiced for fifty percent (50%) of the total quote. Kapow Interactive requires this amount to be paid before any work can commence, unless other arrangements have been made.
  • Payment must be made in full before a project is put “live” or a copy made available to the client.

Chargeable time includes requests and incidents that require our time and expertise. For example:

  • Web development, graphic design, marketing strategy, etc.
  • Requests for us to look into things in depth and provide you feedback and/or advice.
  • Assistance in person, over the phone, TeamViewer, or email for support, advice, troubleshooting. (normally written off if <5 mins or so to address)
  • Liaising with other providers on your behalf

Uncharged time includes new enquiries, hosting/email management and quick queries. For example:

  • Discussion with a new or existing client re a new project. 30 minutes free of charge (FOC).
  • If your emails are on our system, changing passwords, setting up forwarders and aliases.
  • If your emails are on our system, setting up a new email address 15 mins FOC
  • Suspected problem with your emails, website, domain or hosting – 15 mins investigation FOC and all work FOC if there is a problem.
  • If you have a “how to” question on managing your website, marketing, etc, we can provide a quick reply via email and link you to resources FOC.

Hourly rate:

Training workshops and strategy consultation sessions are charged at $150 per hour + GST.

All other work (e.g. web development, search engine optimisation, emails and hosting, social media management) is charged at $110 per hour +GST.

Variations and Cancellations:

  • Kapow Interactive must be advised in writing of any requests to cancel acceptance of a quote, or cancellation of any service.
  • Should you wish to cancel acceptance of a quote once work has commenced, then Kapow Interactive will issue an invoice for any work completed to date. All deposits or advanced payments are non-refundable.
  • All cancellations or variations to an existing service must be received in writing no later than 14 days before expiry date. Failure to meet these requirements will incur a cost equal to full renewal costs.

Time management and invoicing:

All staff at Kapow manage their time on a detailed basis through our software which is then audited and summarised to create invoices for regular work, which will be issued at most once per month. This allows us to view the big picture and take everything into consideration before billing. If you have any queries about our charges please let me know as we can provide a work diary for you showing what has been performed.

Payment Terms

  • All charges shall be payable in Australian dollars by the due date on your invoice, or within 7 days if there is no due date on your invoice) unless alternative arrangements for payment have been agreed to in writing.
  • All deposits or advanced payments are non-refundable.
  • Kapow Interactive reserves right to charge interest on overdue amounts at annual rate of 2% over Bendigo Bank’s base rate ruling on due date.
  • Kapow Interactive may by notice to you suspend work, and your use of and access to Services (including access to your email and public web content), until outstanding invoice(s) and interest are paid in full. Charges shall continue to accrue during such period of suspension. Time for payment shall be of the essence. This may result in significant business interruption.
  • You remain committed to pay us for all Charges for Services for their full invoicing periods irrespective of whether: (a) this agreement has been suspended or terminated during such invoicing period, or (b) such services have been changed or cancelled during such invoicing period.
  • If your invoice is not paid by the due date on your invoice, you will forfeit any bug free guarantee or ongoing support included with your project.

Supply of Information:

  • You must provide Kapow Interactive with all information required in a digital format, in a single communication, prior to build phase. E.g. dropbox link, USB, or email with attachments.
  • Text must clearly be labelled with the name of the page on which it is to be used.
  • Save images for each slideshow or photo gallery into their own folder.
  • Other images to be used on your website must be clearly labelled indicating where each will be used.
  • Content must be thoroughly reviewed before it is supplied to Kapow Interactive. Kapow Interactive is not responsible for any spelling or grammatical errors.
  • Failure to meet these requirements may result in additional charges.
  • Professional copywriting is available upon request, to save you time and provide a better quality result.

Stalled projects:

If any project has been on hold for 30 days or longer, while waiting for requested information from the client, Kapow Interactive may invoice for any work completed to date, and may also charge an archive retrieval fee to re-commence the project.

Bug free guarantee:

  • When a project has been delivered and approved, the client will have a three month grace period where Kapow Interactive will address any reported system errors or bugs free of charge.
  • Any changes of mind or additional requests are not supported in this guarantee.
  • After this grace period any required maintenance will be billed at our standard hourly rates.
  • Small visual variations may exist between browsers and platforms, however all functionality is guaranteed.
  • We guarantee support for any browser which is holding over 2% market share according to https://clicky.com/marketshare/au/web-browsers/versions/
  • At time of writing, this includes: Chrome 60, 61; Safari 10.1,11; Firefox 55; IE 11, Edge 15
  • Representative devices will be tested on mobile devices, such as iPhone, iPad, Samsung Galaxy.

Copyright and Intellectual Property

  • Kapow Interactive reserves the right to re-use technical components developed during the project and will retain intellectual property rights on code development.
  • The client will hold full rights to use and modify any code provided for the lifetime of the website providing there are no outstanding payments due to Kapow Interactive.
  • The client will hold copyright on all work providing there are no outstanding payments due to Kapow Interactive.
  • The client must obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material used.
  • No responsibility will be accepted by Kapow Interactive for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
  • Kapow Interactive reserves the right not to include any material supplied if Kapow Interactive deems it inappropriate or offensive.
  • Any graphic design, code or content developed by us but not ultimately used, remains copyright to Kapow Interactive.

Errors & Liabilities:

  • Kapow Interactive will use all due care to ensure sites worked on by Kapow Interactive are free of errors.
  • Any errors made by staff of Kapow Interactive in the course of working on a client’s site will be corrected free of charge as soon as possible within business hours. Such errors must be advised in writing as soon as possible, and no later than 7 days after the changes have taken place.
  • Kapow Interactive does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed “live” on the Internet. While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Kapow Interactive does not accept responsibility for any losses incurred.
  • Kapow Interactive will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site. Such alterations include, but are not limited to: changes made via an administration console or FTP by the client or another web developer, or hardware or software upgrades by a hosting provider.
  • If Kapow Interactive is required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.
  • Kapow Interactive accepts no responsibility for delays or down time, breakdowns or data loss caused by internet service providers or hosting providers.
  • Kapow Interactive does not support set up or running costs of code or software residing on a third party provider server and will not accept responsibility for any errors due to migration of a website onto another server.