Terms & Conditions
Proposals and Quotes
All proposals or quotes should be treated as confidential and remain the property of Works Development. Proposals, or the information within them, should not be passed to third parties. Quotes detailed in proposals or additional development responses are valid for 30 days from the date issued.
Works Development will agree on a payment schedule for work with the Client before commencement. An initial deposit of 50% is always collected, and unless otherwise agreed, this must be paid before any work commences, usually within 14 days of the issue date.
If payment on an invoice has not been received 10 days after the due date of the invoice, Works Development has the right to suspend work for that client until payment has been received. If the invoice remains unpaid 15 days after the due date, Works Development has the right to remove/take down work completed to that point. A 15% fee will be charged to invoices unpaid 30 days after the due date, and a 30% fee will be charged to invoices unpaid 60+ days after the due date.
Per the state of Hawaii, Works Development will invoice a 4% general excise tax to all clients.
Supplied Content and Assets
Clients will ensure that all rights and permissions have been obtained on content supplied for use on the website or application that Works Development has been commissioned to work on - including but not limited to text, graphics, photography, company logos, trademarks and any other required materials.
Ownership of Work Completed
Works Development retains ownership of all code and assets it creates for a client until final and full payment has been received for the work commissioned. Ownership and full intellectual rights for the delivered work then falls to the client.
Both Works Development and the Client shall not disclose confidential information to any outside parties throughout the period of engagement and thereafter.
Agreed projects will be set up in one of Works Development’s project management systems. Clients will be given access to the system and asked to keep all relevant communications and documentations within the project management system. Project milestones will also be set up within the system.
Works Development shall set out milestones for the agreed work with appropriate delivery dates for each. Works Development will keep the client appraised of progress (and if there are any delays due to technical obstacles and/or resourcing issues). Where delays to a project are caused by the Client, Works Development has the right to adjust delivery dates for subsequent milestone deliverables.
Project Milestones and Payments
Works Development shall set out milestones for the agreed work and attach invoicing points to relevant milestones. The Client should check and agree to these before the work commences. Works Development will ask for agreement that a milestone has been completed (usually by email). This acts as acceptance and sign-off on the work completed to that point. Any desired amendments to work carried out after an agreed and completed milestone could result in additional costs to the Client. Works Development will always raise and discuss such occurrences and any cost associated will be agreed with the Client before work continues.
Prior to delivery of work, Works Development will test it properly and ensure it meets the criteria set out for the work. In the case of websites, this will include testing functionality, cross-browser compatibility. Works Development will give best advice with regards readiness of site launch.
Web Browser Support
Where agreed work covers the build of actual web pages, these will work in all modern browsers, specifically the most recent full version releases of Internet Explorer 9, 10 & 11; Firefox; Google Chrome and Safari. Compatibility with older browsers needs to be agreed as part of the scope of the work agreed. Web pages will also be usable on mobile and tablet devices. Creation of fully responsive or dedicated mobile versions of the site needs to be agreed as part of the scope of work.
Hosting & Security
Works Development offers a managed, dedicated hosting service and terms of our hosting can be found here. Works Development shall not be responsible for issues relating to hosting once the site is launched if the client has chosen not to host through Works Development.
Sites that are hosted through Works Development are kept secure with a variety of tools & techniques. For a complete explanation, clients may inquire here.
In the case of web based work, Works Development will support the completed work for a period of 1 month should the Client NOT take out an SLA. This means Works Development will fix any errors reported during this 1 month period. All errors should be reported by submitting a support ticket via Works Development’s ticketing system. Clients taking out an SLA will be covered for the agreed period of this SLA. More details of the terms of our website SLA can be found here.
Should the Client require additional work which is outside the remit of any previously agreed work, Works Development will consider and discuss the requirements with the Client before proposing a solution and any cost associated with this. This additional work would not be undertaken without full agreement from the Client. Additional work is work not included in the original scope of work (SOW).
Under no circumstances will Works Development be responsible or liable for any consequential, indirect or special damages caused by the failure or use or misuse of its work. Works Development shall not in any way be liable to the client for any inaccuracies, errors or omissions, regardless of cause in the work or for any damages (whether direct or indirect) resulting therefrom.
Works Development reserves the right to refuse or terminate a piece of work, if it is believed that the client, their website, or any material is illegal, immoral or otherwise deems to be unacceptable. The Client may terminate the relationship with Works Development by giving Works Development one month’s notice. On such termination, all outstanding payments should be settled by the Client and Works Development will handover all completed work to that point (upon receipt of these payments).