Terms and Conditions

If in any way you are not satisfied with your product or service please contact us within 30 days via the contact form on this website, or the support portal we provide or by direct email to support@smarterwebsites.com.au and we will ascertain as to what that issue is and endeavour to remedy that problem within 7 days.

Projects: Once a project agreement has been signed and deposit paid there is no refund. When the client form is filled out the project agreement is deemed to been signed. Once we setup to commence a project there is no refund. End of story.

Time Blocks: In regards to time block and development work, there are NO REFUNDS. The time is held in lieu, no end life (well, as long as it's within my lifetime). Time blocks cannot be substituted for any other prescribed or scoped work.

With regards to any ongoing service work we provide, we kindly request a polite 30 days notice.

SEO: We require a polite 30 days notice.

Hosting: We require a polite 30 days notice.

The onus is on you the business owner to provide notice that a hosting account is no longer required, to give notice to close the hosting, emails and accounts.

Sometimes we find the site hosting has been switched, yet the emails are still being routed through our hosting, so we never shut down hosting until advised by the client. Regardless, while the hosting account is still active and using a cPanel licence charges will still apply.

Managed Support: Ditto as hosting above, we also require a polite 30 days notice.

The website we build for you, is yours, you own it or them outright.

Licences: The licencing software we use is licenced to us, but if you want to take your website elsewhere for whatever reason you have the peace of mind you can get your own licences. The website will even work without licences, it just won't update to the latest versions.

Good for business owners to know it's your 'stuff'. Personally it bugs me that some webbies make you beholden to them, just not right IMO.

Communication Agreement: We respond to most messages the same day, and we absolutely guarantee to respond within 24 hours. We respectfully request the same from you, a same day or 24 hour response, even if it's initially just an ackowledgement of our message. We understand that you're busy, but having that responsive communication means we can keep your project on track. If you ever have a question, are not sure on anything at all simply phone 08 9439 2820.

Password Accesses: Passwords, the bane of most business owners. We have an awesome system for helping you to get the right accesses from the right people. We will tell you where your domain is registered to make it easier, we have templated messages to send your old web people so it's simple.

Here's the thing, we need all passwords in their entirety. The login web address, the username, and the correct password. No use telling us to 'try this', with all due respect, it's not a 'lucky dip', that just wastes everyones time. Please test accesses before sending them through.

We continue to get caught spending an inordinate amount of time sorting accesses for people, and that's ok, but we need to cover the costs on that. So we have 3 surcharge levels.

Simple Access Issue: $165 inc GST
Complex Access Issue: $275 inc GST
Multiple Access Issue: $385 inc GST

These charges are simply to cover our costs, and we advise you before proceeding. We trust you understand.

Project Stalled: We consider a project to be 'stalled' if we don't have a response from you in a 30 day period. The thing is, if we don't have responses from you in a timely manner we end up spending more time on 'project management' than actually doing your project.

We'll keep you on track as best we can, and if you need help, simply phone 08 9439 2820. There are NO silly questions.

If we have no response from you after 45 days, we'll let you know your project is about to be archived. At day 60 your project will be archived and to be resumed there will be a $275 inc GST reactivation fee. Our aim is to help you get your project delivered to full satisfaction, and in a timely manner.

Edit Rounds: Once we've built out your website project we'll show off our hard work with a 'Site Preview'. We'll do a 'site preview' meeting summary, and we'll then go about handling those updates.

Every project has a pre-set number of edit rounds. Our start up series websites have 1 edit round, and premium websites have 2 edit rounds.

After the edit round is complete, we'll then re-present the website to you, and if you only had 1 edit round then technically we're good to go live. If we got an edit request wrong, we'll sort it of course at no charge.

If you've simply changed your mind, or have had other ideas, that will likely be considered an extra edit round. Extra edit rounds can be purchased at a nominal rate of $275 inc GST. Please note, these edits rounds are based on the design that was already agreed. If you've been inspired along the way, and want design changes as well, we will then scope that work, get your authorisation, before starting that work.

Our aim is to always run on scope and have everything handled within the edit round allowance provided and the scope of the project.

This is never about trying to increase the scope, just making sure we have 100% clarity between us. Make sense?

Image and Content: By uploading or submitting a picture, brand, logo or design image or file to Smarter Websites for use on your personalised website, you certify that you have the right to distribute and use this picture, brand, logo and or design and that it does not violate the terms and conditions of this policy or any existing copyrights or trademarks. By agreeing to this policy and terms and conditions, you agree to indemnify Smarter Websites from any action resulting in the use of these pictures, brands, logos or designs. If in hindsight you need us to change an image or images because of an Intellectual Property, Trademark, or Fair Use breach this does constitute another edit round.

Smarter Websites retains full ownership of all our copyright and intellectual property of the proprietary systems and as such they are not to be resold, sold on or shared in any way that would contravene copyright and intellectual property laws other than by written consent by Peter B Butler yet is released to be used in its intended purpose of generating leads and clients for 'THE CLIENT'. (IE: You won't go and make a business doing what we do because of what you learn from us)

In these terms and conditions 'Smarter Websites' shall mean 'Smarter Websites', 'Smart Mortgage Marketing', 'Smarter Salon Websites', 'Smart Email' or any of there subsidiary companies or websites that we operate and "THE CLIENT" shall mean the person and/or firm and/or company to whom the proposal/agreement/work undertaken is addressed.

1. Pre Project

1. Smarter Websites will provide the client with an agreement or email stating the costs and scope of works. When this is accepted, even by reply email stating "Yes, let's proceed" or words to that effect then it is a binding agreement.
2. Smarter Websites will not be able to make visits to the client's offices or premises for pre-project meetings, however, the client is welcome to arrange and visit Smarter Websites for a meeting, unless it has been stated specifically in the agreement.
3. If the client would like a pre-project meeting or a design meeting at their premises, this can be added to the project as an additional charge. All travel, subsistence and time costs will be chargeable to the client. Please contact us for further information.

2. The Project

1. To provide a digital copy of the existing 'company style guide' graphics or logo and artwork.
2. To provide any audio/visual material (photo's/videos, etc) as required and bear the cost of same.
3. To provide the details of the DNS (Domain Name Registrar), FTP, cpanel, IT team, ISP, Admin areas and all access details as required enabling the work to be performed as requested. Extra charges starting at $275 per instance may apply.
4. To provide all the relevant and required content in a timely manner - testimonials, articles, page content, details in the correct format, industry accreditation details as required.Timely Manner - THE CLIENT will provide Smarter Websites with such information as may reasonably be required concerning the client's project and will answer queries and provide decisions and approvals which may be reasonably necessary for Smarter Websites to complete the Project. The Client is responsible for ensuring that such information and answers are given promptly and are accurate and complete.
5. To assist in the selection of images as required to help fast track the 'feel' of the site.
6. 'THE CLIENT' to be solely responsible for checking and supplying any legal requirements as required by 'THE CLIENT's industry.
7. Smarter Websites cannot be held responsible for delays in completing the project due to the Client's inability to provide information in a timely manner and/or delays in procuring Internet Merchant IDs or any other 3rd party delays.
8. Once the wire-frame layout has been produced, Smarter Websites will email it to the client or place it within the  project work-space so that the Client can login and view the work done to date. This wire-frame layout will be a static image representation of the layout and design of the site will not be functional in any way or form.
9. This will give the client the opportunity to request changes, additions or omissions from the wire-frame layout. Once these changes have been submitted to Smarter Websites in electronic format, Smarter Websites will effect the changes and re-submit for approval. A further set of changes can be requested within the scope of the project cost. Thereafter, changes are chargeable at $275.00hr.
10. If the Client wishes to change the first wire-frame layout, he/she may request a completely new draft design based on his/her ideas which must then be made completely clear to Smarter Websites. The design requirements must be made clear by means of a detailed description with colour choices, font selection and if necessary a sketch or rough layout provided by the Client.
11. However, if the Client instructed Smarter Websites after acceptance of a wireframe, on a particular layout prior to the start of the project and subsequently changes his/her mind, Smarter Websites will be entitled will be charged at a rate of $165 hr or by quotation if requested by the Client.
12. If after this draft the client is still not satisfied, he/she may choose to request another design draft, however the cost of this will not be borne within the scope of the project and may be done either at a rate of $165 hour or by quotation.
13. Once the draft has been approved, this will be deemed as the final design and any further changes will be chargeable at $165 hour or by quotation.
14. Thereafter the web site will be compiled and functionality, content and other items added.
15. Once all content and functionality has been included in the site, the client will be given the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.

3. Deposits and Payments

1. A deposit of 25% (unless otherwise stated) is required before work commences on the project.
2. 100% payment is required for any hardware, software, web hosting or other out-of-pocket expenses that may be required to complete the project, as mentioned within the quote, estimate or proposal.
3. A payment is due on the 30th day after the deposit has been processed.
4. The final payment is then due 30 days after that, in full, unless otherwise agreed as per the agreement document.
5. Additional work over and above the quoted amount that may arise during the project will be recorded and billed at 'Time Block Rates'.
6. Payment for projects, website updates, consulting, hosting and web development work to websites is required within 10 days of submission of an invoice. If payment is not received within 10 days Smarter Websites reserves the right to remove any updates and web development work done to the site. In addition, no further work or consultation will be undertaken until such time as payment for outstanding invoices has been received in full.
7. Payment for web hosting is required in advance for the month or year that the account is purchased. If payment is not received within 10 days of the invoice being submitted Smarter Websites reserves the right to suspend the hosting account until such time as payment has been received in full for the hosting period. Smarter Websites also reserves the right to charge a re-activation fee to re-activate accounts that have been suspended.
8. Smarter Websites reserves the right to charge interest on payments not received within 30 days of an invoice being submitted.
9. If payment for services or hosting has not been received within a timely manner, Smarter Websites reserves the right to close such accounts and to refuse re-activation of the account or charge a re-activation fee. Furthermore, Smarter Websites reserves the right to decide whether further work will be done for the client in the future.

4. Additional Work

1. If, during the course of the project, the client has a need for further requirements development that was not requested or specified in the original quote, Smarter Websites will provide an estimate of the additional cost involved and submit it to the client in electronic format (email).
2. If the work is of such a nature that it cannot be quantified prior to development, Smarter Websites will keep accurate records of time spent on the additional work and will bill accordingly as per 'Time Block Rates'.

5. Going Live

1. During the project development stage and when the project nears completion, Smarter Websites will provide the client with opportunities to view the site online in its final form.
2. Smarter Websites will request that the client provides feedback as regards content, images, spelling and grammar. Any text and image content changes will thus be requested from the client at this stage. Note that this does not include design changes which at this stage would be chargeable.
3. Once the client has provided Smarter Websites with the content changes they would like made, Smarter Websites will make these changes and will once again request that the client check the site to make sure that all changes have been done to the client's satisfaction.
4. Smarter Websites will then ask the client if they are happy to go live with the site on the root (main entry point of the site - usually www.domainname.com). Once the client has confirmed that they are happy to go live, Smarter Websites will make the index page live and the site will be regarded as live on the Internet.
5. Once the site has gone live on the Internet, and further changes, additions and/or omissions may be chargeable. The cost of such changes is as per 'Time Block Rates'.

6. Support After Project Completion

1. Before going live on the Internet, the Client will have the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.
2. Once the Client has satisfied him/herself that the site is complete within the scope of the quote or proposal, he/she will approve the completed product in writing in an email or fax.
3. Smarter Websites will then make the index page live on the Internet. The project will be deemed as complete once the index page (home page) of the web site has gone live on the Internet as per the Client's instruction.
4. Once the web site is live, any support, changes, omissions, repairs or maintenance to the web site will be deemed as additional work and will be chargeable as per 'Time Block Rates'.
5. Guarantee - Smarter Websites will fix any faults found within the system for a period of 90 days after the project has been completed free of charge. This guarantee applies to errors in coding and errors in content where the client has not made any changes to the site files.
6. Where clients have requested systems that include content management systems or where the client has the ability to edit the data on the site himself, any changes made that affect the proper functioning of the system will not be covered.
7. Wherever possible Smarter Websites will attempt to accommodate clients and assist them, however if Smarter Websites is asked to fix a 'fault' on the site and it turns out to have been caused by the client's own maintenance of the system, such faults will not be covered by the guarantee and Smarter Websites may have to charge for time taken to uncover the error and correct it.
8. If you have any queries after the project has been completed, please feel free to contact us and we will be glad to help.

Project Stall: If your project stalls because we don't get what we need from you in a timely manner, this is where we get 'project creep'. We end up spending time 'managing' your project, rather than getting on with actually 'building' your project. Serious project creep seriously affects our profitibility.

If we have a 3 month run of no or poor reesponses from you, and are not able to actually move forward as a result, we will 'archive' your project.

The project management tools, portals, folders, storage, all cost money, and if they're not being utilised, then archiving is a cost effective way to help manage project creep.

We will charge a re-activation fee of $275. We will then send through an update on what is outstanding to get your project back on track.

Project Specific Plugins: Our Managed Support covers the cost of all the core 'plugins' and plugin license fees (plugins are like APPS, they make stuff work). On occasion, if a site has to perform a certain or special function as requested by you, we may require a special plugin. In most instances these plugins have an annual fee, and the developer will provide continuous updates and support for that plugin, within that fee.

If this is the case, we will advise you as such, and give you the best options to make this work. You will be responsible to pay for this. We will raise an invoice, and run that on the credit card on file.

Smarter Websites retains full ownership of all copyright and intellectual property of the proprietary systems and as such they are not to be resold, sold on or shared in any way that would contravene copyright and intellectual property laws other than by written consent by Peter B Butler yet is released to be used in its intended purpose of generating leads and clients for 'THE CLIENT'. (IE: You won't go and make a business doing what we do because of what you learn from us)

By uploading or submitting a picture, brand, logo or design image or file to Smarter Websites for use on your personalised website, you certify that you have the right to distribute and use this picture, brand, logo and or design and that it does not violate the terms and conditions of this policy or any existing copyrights or trademarks. By agreeing to this policy and terms and conditions, you agree to indemnify Smarter Websites from any action resulting in the use of these pictures, brands, logos or designs.

In these terms and conditions "Smarter Websites " shall mean "Smarter Websites", "Smart Mortgage Marketing, Smarter Salon Websites", "Smart Email" or any of there subsidiary companies and "THE CLIENT" shall mean the person and/or firm and/or company to whom the proposal/agreement/work undertaken is addressed.

1. Pre Project

1. Smarter Websites will provide the client with an agreement stating the costs and scope of works. When this is accepted, even by reply email stating "Yes, let's proceed" or words to that effect then it is a binding agreement.
2. Smarter Websites will not be able to make visits to the client's offices or premises for pre-project meetings, however, the client is welcome to arrange and visit Smarter Websites for a meeting unless it has been stated specifically in the agreement.
3. If the client would like a pre-project meeting or a design meeting at their premises, this can be added to the project as an additional charge. All travel, subsistence and time costs will be chargeable to the client. Please contact us for further information.

2. The Project

1. To provide a digital copy of the existing 'company style guide' graphics or logo and artwork.
2. To provide any audio/visual material (photo's/videos, etc) as required and bear the cost of same.
3. To provide the details of the DNS (Domain Name Registrar), FTP, cpanel, IT team, ISP, Admin areas and all access details as required enabling the work to be performed as requested. Extra charges starting at $165 per instance may apply.
4. To provide all the relevant and required content in a timely manner - testimonials, articles, page content, details in the correct format, industry accreditation details as required.Timely Manner - THE CLIENT will provide Smarter Websites with such information as may reasonably be required concerning the client's project and will answer queries and provide decisions and approvals which may be reasonably necessary for Smarter Websites to complete the Project. The Client is responsible for ensuring that such information and answers are given promptly and are accurate and complete.
5. To assist in the selection of images as required to help fast track the 'feel' of the site.
6. 'THE CLIENT' to be solely responsible for checking and supplying any legal requirements as required by 'THE CLIENT's industry.
7. Smarter Websites cannot be held responsible for delays in completing the project due to the Client's inability to provide information in a timely manner and/or delays in procuring Internet Merchant IDs or any other 3rd party delays.
8. Once the wire-frame layout has been produced, Smarter Websites will email it to the client or place it within the  project work-space so that the Client can login and view the work done to date. This wire-frame layout will be a static image representation of the layout and design of the site will not be functional in any way or form.
9. This will give the client the opportunity to request changes, additions or omissions from the wire-frame layout. Once these changes have been submitted to Smarter Websites in electronic format, Smarter Websites will effect the changes and re-submit for approval. A further set of changes can be requested within the scope of the project cost. Thereafter, changes are chargeable at $165.00hr.
10. If the Client is totally dissatisfied with the first wire-frame layout, he/she may request a completely new draft design based on his/her ideas which must then be made completely clear to Smarter Websites. The design requirements must be made clear by means of a detailed description with colour choices, font selection and if necessary a sketch or rough layout provided by the Client.
11. However, if the Client instructed Smarter Websites on a particular layout prior to the start of the project and subsequently changes his/her mind, Smarter Websites will be entitled to charge for the 1st draft in full before continuing with the 2nd draft which will be charged at a rate of $165 hr or by quotation if requested by the Client.
12. Following on from point 10 above, Smarter Websites will then do 2 design concepts with up to 3* hours (* Premium Websites ONLY) of graphics design edits to fine tune the website design within the scope and cost of the project.
13. If this design concepts are also unsuitable, Smarter Websites will design a third draft for a fixed fee of $165.
14. If after this draft the client is still not satisfied, he/she may choose to request another design draft, however the cost of this will not be borne within the scope of the project and may be done either at a rate of $165 hour or by quotation.
15. Once the draft has been approved, this will be deemed as the final design and any further changes will be chargeable at $165 hour or by quotation.
16. Thereafter the web site will be compiled and functionality, content and other items added.
17. Once all content and functionality has been included in the site, the client will be given the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.

3. Deposits and Payment

1. A deposit of 25% (unless otherwise stated) is required before work commences on the project.
2. 100% payment is required for any hardware, software, web hosting or other out-of-pocket expenses that may be required to complete the project, as mentioned within the quote, estimate or proposal.
3. A payment is due on the 30th day after the deposit has been processed.
4. The final payment is then dues 30 days after that, in full, unless otherwise agreed as per the agreement document.
5. Additional work over and above the quoted amount that may arise during the project will be recorded and billed at 'Time Block Rates'.
6. Payment for projects, website updates, consulting, hosting and web development work to websites is required within 10 days of submission of an invoice. If payment is not received within 10 days Smarter Websites reserves the right to remove any updates and web development work done to the site. In addition, no further work or consultation will be undertaken until such time as payment for outstanding invoices has been received in full.
7. Payment for web hosting is required in advance for the month or year that the account is purchased. If payment is not received within 10 days of the invoice being submitted, Smarter Websites reserves the right to suspend the hosting account until such time as payment has been received in full for the hosting period. Smarter Websites also reserves the right to charge a re-activation fee to re-activate accounts that have been suspended.
8. Smarter Websites reserves the right to charge interest on payments not received within 30 days of an invoice being submitted.
9. If payment for services or hosting has not been received within 60 days, Smarter Websites reserves the right to close such accounts and to refuse re-activation of the account or charge a re-activation fee. Furthermore, Smarter Websites reserves the right to decide whether further work will be done for the client in the future, even if payment for the outstanding amount is paid after the 60 days period.

4. Additional Work

1. If, during the course of the project, the client has a need for further requirements development that was not requested or specified in the original quote, Smarter Websites will provide an estimate of the additional cost involved and submit it to the client in electronic format (email).
2. If the work is of such a nature that it cannot be quantified prior to development, Smarter Websites will keep accurate records of time spent on the additional work and will bill accordingly as per 'Time Block Rates'.

5. Going Live

1. During the project development stage and when the project nears completion, Smarter Websites will provide the client with opportunities to view the site online in its final form.
2. Smarter Websites will request that the client provides feedback as regards content, images, spelling and grammar. Any text and image content changes will thus be requested from the client at this stage. Note that this does not include design changes which at this stage would be chargeable.
3. Once the client has provided Smarter Websites with the content changes they would like made, Smarter Websites will make these changes and will once again request that the client check the site to make sure that all changes have been done to the client's satisfaction.
4. Smarter Websites will then ask the client if they are happy to go live with the site on the root (main entry point of the site - usually www.domainname.com). Once the client has confirmed that they are happy to go live, Smarter Websites will make the index page live and the site will be regarded as live on the Internet.
5. Once the site has gone live on the Internet, and further changes, additions and/or omissions may be chargeable. The cost of such changes is as per 'Time Block Rates'.

6. Support After Project Completion

1. Before going live on the Internet, the Client will have the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.
2. Once the Client has satisfied him/herself that the site is complete within the scope of the quote or proposal, he/she will approve the completed product in writing in an email or fax.
3. Smarter Websites will then make the index page live on the Internet. The project will be deemed as complete once the index page (home page) of the web site has gone live on the Internet as per the Client's instruction.
4. Once the web site is live, any support, changes, omissions, repairs or maintenance to the web site will be deemed as additional work and will be chargeable as per 'Time Block Rates'.
5. Guarantee - Smarter Websites will fix any faults found within the system for a period of 90 days after the project has been completed free of charge. This guarantee applies to errors in coding and errors in content where the client has not made any changes to the site files.
6. Where clients have requested systems that include content management systems or where the client has the ability to edit the data on the site himself, any changes made that affect the proper functioning of the system will not be covered.
7. Wherever possible Smarter Websites will attempt to accommodate clients and assist them, however if Smarter Websites is asked to fix a 'fault' on the site and it turns out to have been caused by the client's own maintenance of the system, such faults will not be covered by the guarantee and Smarter Websites may have to charge for time taken to uncover the error and correct it.
8. If you have any queries after the project has been completed, please feel free to contact us and we will be glad to help.

Smarter Websites may increase its fees for services from time to time with or without prior notice, should market trends or the exchange rate change. This price increase will be effective on the first day of a Renewal Term and if the Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

All we ask is you give us a polite 30 days notice to vary any regular web marketing, SEO or social media markating plan you may have with us.