Terms and conditions
Here’s the thing, we generally aren’t into terms and conditions, but ultimately they are put in place to protect you, our clients and us should an out of the ordinary situation arise. We suggest you grab a coffee/tea, have a read and let us know if you have any questions on any of these matters.
Where we mention to ‘you or your’ we are referring to you as ‘the client’. Likewise if we say ‘we’ it means ‘Wolf IQ’ – the agency powering Smart Reviews.
1. Intellectual copyright
We work super hard on our clients’ projects so we think it’s fair to assume that if your invoices aren’t paid, then you don’t own the artwork, website or intellectual copyright. Once all invoices are paid, you are the owner of all work we have provided to you.
Quotations and costs are confidential, we request that don’t share these with any other entities, unless we give you permission to. We are happy to provide editable file formats if needed (ai, eps, psd or indd), if necessary, but please give us a head up before the project commences as this may attract an additional fee.
2. Client responsibilities
You are responsible for any image, text, animation, video, layout or any other content provided to us, so please ensure that this material does not infringe any copyright or laws. We will also let you know if the quality of the files provided to us will have a negative impact on the overall look of the finished project.
Materials provided by us are usually purchased under license from shutterstock.com. The images are usually licensed to be used on a website, so you won’t be able to re-use them in publicity material. If you want to use any images from the site for other purposes talk to us and we can discuss further options or extended licenses.
3. Non solicitation of Wolf IQ’s team
We have a very capable team and only work with the best contractors, so we understand that they are appealing prospects for your next round of recruitment. We ask that at no stage do you or any of your related corporations, actively induce, solicit, engage or employ any employee of Wolf IQ. If you do choose to induce, solicit, engage or employ any employee of Wolf IQ, you will have to pay a replacement fee of A$60,000 (GST exclusive). We believe this is a fair and reasonable estimate of the cost to us for replacing talent.
4. Internet marketing and Search Engine Optimisation (SEO)
We build our websites so that they are well positioned to rank in search engines. We do not however make any guarantees on ranking performance as this is out of our hands. It ultimately comes down to the quality of your content, keyword competition and the search engine algorithms.
We are not one of those companies that promise first page ranking results, it’s not our thing. If you need dedicated SEO solutions or Adwords plans, we are happy to work with 3rd party providers.
If something happens and you need to terminate the contract it’s ok, but any initial deposits are non-refundable. You will be invoiced for the work completed until the contract is terminated.
We also reserve the right to terminate a contract when:
- The initial scope of work has been increased by more than 10% and the client refuses extra charges.
- The client is slow to respond. We deem slow to respond as more than 30 days waiting for content, a brief, a revision, payment, final sign off or general delays resulting in a halt in our production.
- We deem the work unethical or against our normal operating processes and procedures.
6. Conceptualising and revisions
If you require, we can create website page and logo/branding concepts for you. Prior commencing, we talk with you to understand your needs and we try to meet them in the best possible way. We are happy to revise concepts for you, but please be aware that these revisions are limited. Unless otherwise stated, it’s a max of 3 revisions of your preferred design. If out of scope work is required, it will have to be charged separately.
What you see in the quote is what you will get. If you need to add anything, we are always happy to review the scope of work for you. Please note that once you have agreed to the quote we will need to stick to it as much as possible. We are flexible to enable changes from the initial scope, but please keep in mind this will more than likely affect the time required for production.
8. Project delivery
The project schedule and timeline we provide is an estimate, but we are very passionate about not exceeding these. Our work involves different parties, it’s a teamwork, and sometimes it can be delayed. We request that you keep our pace, slow decision making or feedback can really delay our production and ultimately the completion of the project.
9. Exclusion of liability
You agree that Wolf IQ is not responsible for any damages or loss of revenue, opportunity and or profit. Wolf IQ is also not liable for any damages incurred indirectly by any 3rd party’s related to the client or the client’s business.
Both yourself or Wolf IQ can terminate the agreement if needed. We believe that a 30-day written notice to the other party is a fair way to manage this matter. If you do not pay us or obstruct our work in any way, we will be allowed to terminate the agreement anytime.
If you choose to terminate the project before its completion, we are unable to refund payments previously made. You will also have to cover the costs for any unpaid work. Once we have fixed payments, you will be provided with the work done so far. If delivery requires additional costs, you will have to cover them.Wolf IQ has the right to terminate the agreement at any time if you become insolvent.
11. Payment – refund policy
After work commences on any quoted and approved work, refunds are at our sole discretion and based on work completed to date for the project in question.
12. Payment methods
We accept payments via direct bank deposit, VISA or MasterCard. We do not accept cheques under any circumstances.
13. Payment of balance
Ensure you are on time with payments. We need them to complete your work! We will not be able to deliver the final product unless full payment is received.
14. Future support
Once delivered, your website will be ready to use, fully functional. If you need future support, we can agree on an on-going support package.
15. Grace period
We offer a grace period: you have 7 days, from the date of completion, where all minor modifications to the site are free. If you have major changes to be made, we will need to assess them and decide whether that might need to be additionally charged. To avoid or reduce extra charges, we can also offer you a 12-month maintenance package.
16. Access to client hosting space
In order to monitor and support we may require ongoing access to your hosting space. Please keep us up to date with any change of user ID and passwords otherwise we won’t be able to access.
If we host your website(s) for you, this will be maintained by us and we do not provided access to our hosting environment to clients or 3rd parties unless previously agreed upon.
17. 3rd party conflicts
If you need anybody else to access the site whilst in production or live, bear in mind that we are not able to extend the warranty to 3rd parties and if we need to repair something they have done, you will be charged accordingly.
Wolf IQ is not responsible for 3rd party software failures or other products outside warranty.
If we feel that the website is going to be used for illegitimate purpose then we have the right to refuse the completion of the website in order to protect clients, consumers and ourselves as we have responsibilities towards all stakeholders.
19. Malicious attacks
Although we take website security very seriously, from time to time a website may be victim to a malicious attack. These are out of our hands and if we are required to fix issues created by malicious attacks after completion, additional costs may incur.
20. Compliance with ecommerce, accessibility, or other regulations
You are required to ensure that the website and its content comply with current online trading laws and regulations, in the countries applicable to your business/market.
21. Compliance with laws and regulations
We are not responsible for any failure to comply with laws and regulations related to accessibility, selling online or those specific to business or trade. We suggest you take legal advice.
22. Photography and video usage
Wolf IQ Partner with Tim Pascoe Photography to deliver unique imagery. All files from photoshoots or filming sessions (visual media) remain the property of Wolf IQ/Tim Pascoe Photography. You are entitled to use the purchased amount of visual media in the following mediums:
- Websites created and managed by Wolf IQ
- Social media pages, in both posts and profile/cover image sections
- Within presentations, such as conferences that are privately organised and not in the public arena.
All other usage of the visual media, particularly in advertising or the public space, will need to be cleared by Wolf IQ/Tim Pascoe Photography. Please note, depending on the usage, additional fees may apply.
During the visual media creation process, many photos will be taken and video footage captured. It is up to the sole discretion of Wolf IQ/Tim Pascoe Photography if any of the unused visual media is given to the client, outside of the purchased amount.