Terms and Conditions

Client Responsibilities and Obligations

You must follow all instructions provided by Head Studios and provide Head Studios in a timely manner, all information and materials requested by Head Studios in the format in which said information is requested.

All original documentation, feedback in the context of work changes and any additional information must be provided in the format specified by Head Studios.  Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.

Head Studios requires feedback to be provided in stages and in certain formats to ensure that your project is delivered on time and within the original quote. Failure to follow instructions will cause delays in delivery of your product and may result in you incurring additional costs.

At times Head Studios may request domain name and hosting information from you. Once this information is received Head Studios may point the domain name to a new server as agreed to – or upload new filee and/or delete existing files on your server in order to complete your project. Such activities may cause disruptions to your existing website/email and other services. If you have special instructions or requirements in regards to this please advise Head Studios immediately.

Head Studios will request feedback and changes at certain stages of undertaking the process of building your site.  These changes must be provided in the format required by Head Studios and further Head Studios requires that all feedback be given in a single document. Sending excessive or multiple emails may cause detail to be missed and may result in you incurring additional charges above the original quote.

Upon every stage in a web project you are responsible in checking to ensure your web project is completed to your satisfaction prior to proceeding to the next stage of development or prior to final handover. You are responsible to check all the functionality provided by yourself in the brief to ensure that the product works the way you intended it to.

Project Non- Completion

You acknowledge that, in the event that Head Studios cannot complete the development of your web project due to difficulties in executing the proposed services (which may be due to either project issues or client difficulties) then Head Studios may, by written notice to you, terminate its agreement with you, at which time Head Studios shall, at their sole discretion, either refund to you any monies paid by you or shall provide to you any work completed by Head Studios and paid for by you.

Project Timelines

The project timelines given for your project – including estimated cost and time for delivery of your project are provided as estimates and Head Studios reserves the right to alter said estimates based on factors including (but not limited to) noncompliance by you with the instructions and requests from Head Studios and buggy code from a previous developer that does not meet the standards for Head Studios.

Head Studios will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

You must make every effort to follow the instructions provided by Head Studios and provide the required information to Head Studios to facilitate and meet the delivery timelines of the project.

In order for Head Studios to complete your project within a reasonable amount of time, Head Studios may move your site to the next stage of development in circumstances where:

  • Head Studios does not receive feedback or changes from you within 14 days of such items being requested

Termination

You acknowledge that your web project cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the web project shall not constitute a reason to terminate the agreement between you and Head Studios.

Recovery Costs

In the event that Head Studios takes action to recover from you any amount outstanding, Head Studios shall be entitled to also recover from you, in addition to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to legal costs and expenses (e.g. costs for company search, document printing, charges for registered post, lodgdment fee and transportation cost etc). The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by Head Studios for enforcement of obligations and recovery of  monies due from the Customer to Head Studios.

Jurisdiction

These terms and conditions are governed by the law of the State of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of New South Wales.

Non Assignment

You may not assign or transfer your rights or obligations under these terms and conditions without the prior consent in writing of Head Studios.

Non-Disparagement

You must not make, disclose or publish orally or in writing any statement or comment which may defame or disparage Head Studios or any of its employees or its business.  This obligation survives the termination of the engagement of Head Studios.