Project Terms

Last updated: 07/09/2018

All estimates and or quotes are based on our understanding of your requirements. These requirements are written into a scope document. Clients are to ensure that all their requirements are included within the scope document. Clients may be asked to provide us with clear guidelines along with process flow diagrams or specific details. Any complexity related to specific tasks or third party interactions, must be advised in advance so it can either be included or excluded in the proposal costing.

We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by 152HQ.

There are limited man-hours allocated to each task including Project Management. Minor changes may be included within the allocated hours. (These will be analysed on a case-by-case basis.)

Once the scope has been agreed and the project gets underway we will proceed with our understanding of your requirements. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate these changes. Any re-work on an already completed task will attract additional charges. Any changes in the design after the design has been approved will incur additional charges. Any delays at client’s end, may delay the project and proposed time frames and may incur additional costs.

Any modifications requested during the development of or after the app is deployed to the App/Play store will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will 152HQ be liable for any delays caused by change in the project scope.

All written communications/correspondence are via email.

By accepting a quote, you agree to and accept the terms and conditions of 152HQ PTY LTD. Acceptance can be electronic, verbal, by email, payment of Initiation or the signing of a quote.

The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project, as agreed in the proposal/quote.

Each project has a 12 month maintenance period included in the project cost, (unless stated otherwise) After 12 months from project start date, routine maintenance cost will be changed at our normal rates.

Project Review and Feedback

Mobile device applications are released as an Android .apk files for preliminary testing and review by the client. Clients have a responsibility to review and provide feedback at given periods on the project. An allocated timeframe has been given for these review periods.

Our websites/applications are generally tested on PCs which run near recent versions of the following browsers: Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

Responsive/multi-device compatible web pages are tested on iPhone and Samsung Androids. If you require testing to be done on any other device, please discuss it in advance.

For 14 days from the completion of the project (app in app/play store marks our completion) the client will be asked to thoroughly test/review and provide feedback for the application and web service. Any issues found will be fixed immediately. After the 14-day period, issue will be fixed at programmed times.

Payment Terms

Generally, we will ask for a deposit up front to lock in a project. Other project payments are required throughout the project at set milestones. These milestones and the amounts to be paid will be provided in the detailed quote.

Milestone payments are payable by the invoice due date. Please ensure payments are made by the due date to allow the project continue without interruption.
There are absolutely no refunds for any fees related to a Third-Party Services such as hosting/servers, domain names, freelancers, security certificates etc

All annual fees such as domain registrations and security certificates renewals are to be paid in advance. Expiration of a domain or security certificates can result in service disruption and loss of domain.

Final payment must be made prior to website/application/project going live and or before you invite customers to use the service.

For minor or once-off works, payments needs to be made either in advance or as per the terms mentioned in the invoice/quote/proposal.

Termination

In cases where the Client requires cancellation of the annual renewal of a services, the Client must inform us in writing (email) at least one month prior to the renewal date.
In the cases where 152HQ no longer elects to support a service, 152HQ will provide a client four week’s notice in writing. (email)

Annual Service and Maintenance Terms

Fixed annual costs such as hosting/servers, domain names security certificates, email server charges are generally included in our quotations. These are to be paid by the due renewal date for the service to continue without interruption.

Fees Not included

Fees arising from third party upgrades and maintenance, including but not limited to software changes, operating system changes, model or style changes are unknown, and as such are not covered in our proposals or maintenance costs. If these changes take place, a new quote will be provided to update your service.

Our General Approach

For general website and application development projects we employ the following steps:

• Initial meeting and gain basic understand of the project.
• Provide a rough estimate based on the initial meeting.
• Hold a second meeting to discuss in detail the scope and project, agree to move to the next step.
• 152HQ will provide a quotation to prepare a  detailed scope document for the project.
• The client will either
  • Not accept the quote whereby the project will stop.
  • Accept the quote and pay the fee for the scope to be produced.
• The scope document will be completed by 152HQ and issued to the client for review and comment. Once the scope document has been accepted by the client as correct, 152HQ will provide a project quote based on the scope document.
• If quote is accepted by the client, the first milestone will be paid and the project will start.
• Project Day 1 – Upon quote acceptance/sign-off and  recipet of the milestone payment, we hold a kick off meeting to discuss the timing for deliverables and the review process required by both parties
• Day 14 – Client provides 152HQ the requested deliverables, including brand details such as logo, images, branding materials etc.
• Day 28 – 152HQ will provide a full graphic mock-up for review and acceptance. After approval, we will proceed with development.
• The duration of development is dependant upon the projects complexity. The detailed quote will provide a timeline for the project.
• At times, the client will be asked for input/feedback, this is a crucial part of development. Clients feedback shall be provided in a timely manner is to ensure the project finishes on time and budget.
• During and at the completion of the project, the Client must fully test the services to ensure it functions as intended.

We allow our clients viewing access to our deployment servers so you can see progress and provide feedback throughout the process
You will also be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status.

We consider ourselves to be very flexible, accommodating and approachable should you have any further requests. We pride ourselves as having a ‘can do’ attitude. If you do require changes to the application, please feel free to discuss it with us.

Payment / Refund terms

152HQ reserves the right to negotiate and refund appropriate portion(s) of the amount paid by the customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made.

If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of that portion of work has been completed. All cancellations must be received via email. Telephone requests on cancellations will not be accepted.

Disputes, Liability and Indemnity

In an event of a dispute, 152HQ reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, 152HQ reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will 152HQ be liable for any damages arising from misrepresentation or misinformation.

152HQ reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Intellectual Property

Notwithstanding any other provision in any agreement, in consideration of the Customer entering into this agreement with 152HQ, upon full payment of any outstanding invoices, 152HQ will grant an unconditional license to the Customer to use, display, reproduce, publish, communicate, exploit, vary or otherwise deal with any page layouts, forms, graphics, text, images and reports used in and or published in relation to a website and or an application.

Copyrights handed over to the client do not include rights to modify or re-use the code for another website and or application or re-sell the programming codes for any commercial or non-commercial purposes.

In the case of business restructuring or ownership change, ownership of the website and or application may be transferred from one owner to another. New owners are not allowed to re-sell or re-use the code for any commercial or non-commercial purpose.

This license does not include the intellectual property relating to the creation or production of the website and or the application, including the digital strategies, programming codes, database structures, API’s, scripts and functionalities.

152HQ retains 100% intellectual property rights for digital strategies, programming codes, database structures, API’s, scripts and functionalities. If a client intends to request 100% ownership of copyright and Intellectual Property for all work related to a project, they must make this request before a project starts. This request may impact project cost, duration and may be refused, dependant on the project requirements.

152HQ reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

“152HQ” is a trade mark of 152HQ PTY LTD of Australia, Customers, Partners, Suppliers, Sub-contractors and any other third party organisation or individual are not allowed to use 152HQ trademarks including the name, logo and symbol in any way shape or form without a written permission from us.
Please note that 152HQ reserves the right to change the terms and conditions without notice.

Contact Us

Questions, comments or complaints regarding 152HQ’s Project Terms can be mailed to:

152HQ Pty Ltd
Attn: Director
iAccelerate,
Pucky Ave, North Wollongong,
NSW 2500, Australia

You may also Contact us OR call on + 61 1300 965 192