By placing an order with Agency, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Definitions
Agency refers to Nathan T. Lapierre or Tait Marketing. The client refers to the company or individual engaging the services of Agency.

General
Agency will only commence a project where an agreement has been provided by email, mail or fax. An ‘order’ is deemed to be a written contract between Agency and the client.

Project scope
Project scope is defined on a project basis and will be defined in the document “Project Scope”. By accepting the terms and conditions you are also accepting the project scope.

Project stages
Stage 1 – The client must thoroughly review the website design, providing feedback within five business days.
Stage 2 – The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.
Stage 3 – The client must carefully review the completed website including all content, providing feedback on any changes within three business days.
Final review- The client will review any changes made in stage three and authorize Agency to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations
Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorization form which indicates agreement with the specification and authorizes Agency to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, Agency will consider this to be an additional component or customization of the project and will charge for this work at our standard hourly rates.

Bugs or system errors
When a project has been delivered, approved and hosted on Agency server, the client will have a three month grace period where Agency will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Website design
While every endeavor will be made to ensure the website and any scripts or programs are free of errors, Agency does not accept responsibility for any losses incurred due to website malfunction.

The project and any associated graphics and files remain the property of Agency until all accounts are paid in full.

Any scripts, cgi applications, php scripts, programming code or software written by Agency remain the property of Agency and may only be commercially reproduced or resold with the permission of Agency.

Agency 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.

Any additions to the copy will be carried out at the discretion of Agency. Where no charge is made by Agency for these additions, Agency accepts no responsibility to ensure these additions are error free. Agency reserves the right to charge an appropriate sum for any correction to these or further additions.

The client agrees to provide Agency all materials required to complete the site (files, content and images) in a timely fashion.

Agency will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Agency to meet agreed deadlines.

Agency will not be liable or become involved in any disputes between the site owner and their clients and Agency cannot be held responsible for any wrongdoing on the part of a site owner.

Agency 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.

Agency 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.

A deposit of 50% 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.

Content and data entry
The supply of content and assets is the responsibility of the client, unless the client is employing Agency’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 Agency. Agency is not responsible for any spelling and grammatical errors.

Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Project delays
Where a project has final approval Agency will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Agency reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and e-commerce development
Agency 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 developed by Agency 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.

Any scripts, cgi applications, php scripts or software written by Agency remain the property of Agency and may only be commercially reproduced or resold with the permission of Agency.

Where applications or sites are developed on servers not recommended by Agency, 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 Agency 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.

When a project has been delivered, approved and hosted on Agency server, the client will have a three month grace period where Agency will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility
Agency will ensure that any site or application will function correctly:On the server to which it is initially installed
When viewed with current Microsoft Internet Explorer version 7 to current full release
When viewed with Mozilla version 4 to current full release

Agency can offer no guarantee of correct function with all browser software including future releases.

Website hosting
Agency 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.

Agency reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms

Hosting is available through Agency hosting. 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.

Training
Training undertaken at the clients place of business will be billed at our standard hourly rates.

Payment of accounts
A deposit by the client is required before Agency can commence a project. Any outstanding accounts for work completed by Agency requires payment in full no later than 7 days from the date of invoice. Prior to completion of a project the client is obliged to pay the balance in full.

Agency will contact clients to remind them of payments due if they are not received. If accounts are not settled and Agency has not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Late Payments and Delinquent Accounts
Accounts more than 90 days past due will incur a late payment fee on their billing date of $25.00 and interest of 29.99% per annum billed monthly on open balances.

Complaints procedure
Any client experiencing problems with a web service provided by Agency should contact their assigned Project Manager or email service@taitmarketing.com. Clients should supply the URL of the problem and clearly outline the issue in question.

Agency will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure
The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Agency who will acknowledge receipt and ensure that the matter is examined within two business days.

An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

*Please Note: These terms and conditions are subject to change at any time in our sole discretion. You will be notified via email in this instance.