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Scope of Service and Fair Use Policy

Updated 20 September 2021

In order to become a client of Nerds 2 U Web Designs, you must agree to the following terms and conditions. Below we outline our Scope of Service, Exclusions to Our Scope, what we consider to be Fair Use and the Terms and Conditions of our service.

Scope Of Our Web Design Service

Our web design service includes all of the following services:

  • Written content for your nominated pages by Nerds 2 U Web Designs. You can expect this to be customised for your business and will be based on the information that we receive from your completed question list.
  • Image sourcing for the website – we will source and place relevant high quality photos on to complement your content.
  • Design formatting – we will create a design to match your existing logo branding (if you have one), otherwise we will suggest a design for you.
  • On-page SEO – this includes a targeted Google keywords analysis to identify relevant keywords for your business and region. They will be incorporated in the site’s meta data and page content.
  • Comprehensive SEO guidance to help educate, inform and equip you with the relevant tips to perform SEO on your site.
  • Contact form for your contact page, Google map, inter-page links for easy website navigation.
  • Calls to action placed optimally across your site.
  • ​Responsive design to be mobile and smart device-friendly.
  • Two structured edit revision rounds in adherence to our revision guidance.
  • Responsive design to be mobile and smart device-friendly.
  • Delivery of your draft website preview link within 15 business days of receiving your complete information (including all attachments).
  • Access to your self-management editing after your website has been published.
  • Free email support during your website build and post-publication through our support desk.
  • 100% money back guarantee – we will refund your site if you have adhered to our terms and conditions and are still unsatisfied with our service (fast link that to guarantee conditions).
  • Freedom from any contractual obligations with our monthly hosting and domain name renewal.  There is no minimum period of service and you may terminate your website with us without any penalty or further charges.
  • Provision of our question list which you must complete in order to initiate the website development. We will not begin drafting your site until we have received your information.
  • Recommendations and advice based on your individual circumstances and for the best outcome of your website. ​

Additional Scope Services That We Charge For

A Google Places for Business listing allows your website to come up on Google with a prominent map and your contact details on the right side of the search results when someone searches for your business. An example from one of our clients can be seen here (you can do this yourself, otherwise we can do this professionally and effective for a one-off fee of $100).

  • Additional pages beyond maximum for your package.
  • Specialised sales copy content writing (e.g. for selling eBooks or products).
  • High volume of content upload – if your word count is greater than 800 words per page, we reserve the right to charge for additional formatting and layout.
  • Specialised content writing on particular subject matter that is not your core business.
  • Modifications to photos including photoshopping, resizing of photo images.
  • Photo uploads of high resolution images greater than 50 in quantity.
  • Extraction of photos from PDF, Word or marketing documents.
  • Custom banner graphic design e.g. graphic alterations to images and graphic design requests such as overlaying quotes on background images.
  • Integration with external applications e.g. EventBrite, MailChimp.
  • Phone consultations for edit revisions and question list interviews.

If you require services that are outside our standard scope, most of the time we can provide them at an additional charge.  If we cannot provide the service due to technical limitations, we will advise you in advance and offer workaround options. For a full list of our additional scope items and charges, please see our list here.

Exclusions To Our Scope Of Service

  • Off-page SEO services including social media management, back links, blog posting, directory listings and content updates.
  • Guarantees of Google page rankings for keywords.
  • Google Adwords campaigns and consultation advice about Google Adwords campaigns.
  • eCommerce websites for more than 10 products or payment system configuration for retail platform.
  • Graphic design services – we do not provide graphic design work, we may provide smaller graphic design briefs as part of your site but we do not provide graphic branding services. 
  • Building a website based on a graphic design mockup – we reserve the right to not proceed with your site if we think our platform is not suitable for the specificity of your ideas. We use templates and as such, we cannot provide excessive customisation for pre-set graphic design and coding mockups
  • Advice or assistance with third party hosting.
  • Working with third party agents such as marketing and SEO consultants.
  • Phone consultations during website build – contact should be by email only and phone conversations are limited to pre-sales only. Our website prices reflect our remote email offering.
  • Mock ups of your ideas without paid commitment to your site.
  • Unique or custom mobile design formatting – this layout is optimally designed by default to be responsive and easy to navigate for mobile users.
  • Flash and animation services.
  • Software integration.
  • Customer Relationship Management Systems.
  • External database integration.
  • Member registration or user login services.
  • Multiple internal menu categorisations for hidden sub-pages.
  • Foreign languages (other than English).
  • Analysis of Google Analytics data – this is up to you to manage.
  •  

Fair Use Policy

The intention of our service is to support small businesses seeking to get online with a hassle-free experience. If we feel that a client is using our web design or support services excessively, we reserve the right to apply additional scope charges if they are relevant, limit our services or cease production of your website.

Edit revision rounds to your site - we consider fair use that is included in your fixed price website to be 2 or less revisions prior to signing off. We will apply additional revision charges at $150 per round if they are apply, in order to protect our time because we are a fixed-price service.

Design revisions - we consider fair use to be a single design suggestion that is based on your suggested guidance upfront. If we deviate significantly from your specified preference, you can request continued design revisions without charge. If your design revisions are due to change or mind or omission of guidance when requested upfront, each re-design is subject to a fee of $250 per revision.

Client requests: If we deem anything to be in excess of our standard procedure and service offering, in some cases we will advise of additional charges to complete your requested scope, limit our services or offer a refund of your deposit.

Understanding and Delivering Specific Requests
In all but exceptional circumstances, Nerds 2 U Web Designs will process all design, text and image edits to your specific requests. In instances when we cannot deliver, arisen in instances including, but not limited to, differences in design understanding, continued uncertainty in text, design and/or image changes and any other request, Nerds 2 U Web Designs will offer a refund of the deposit made after an elapsed period of time, to be determined on a case-by-case basis. In some instances, the work created (including content and design) will be provided to the client as an instance of goodwill. Please note an inability or limitation to do specific requests is not eligible under this policy.

Terms & Conditions

Pre-Design Phase – before we commence drafting of your site

  • All prices quoted are valid for 30 days from the date of our quote being emailed to you
  • If we do not receive your completed question list and images within 3 months of receiving your deposit, your account will be suspended and re-activating your account will incur a $200 administration fee. If we do not receive your completed question list and images within 3 months of receiving your deposit, your account will be closed completely and all money paid will be forfeited.
  • Although we reserve the right to change the prices and scope of our or services at any time, all pricing quoted is guaranteed.

Design Phase – submitting your information and design preferences to us before we commence your site

  • We will only commence design once we have received your completed question list along with all your information and photos. The delivery date of 15 business days starts from the date of receipt of your complete information.
  • If you have preferences for design and layout, you must tell us before we begin drafting your website.  This helps us to select and apply a design that is closest to your preference without spending our time inefficiently trying to guess your preferences.
  • We welcome all your ideas for design preferences, these must be completed and submitted to us in the relevant sections in our question list prior to commencing work on your site.
  • If you do not provide your design preferences in the question list during the design phase, and give us design suggestions after designing your draft site, we reserve the right to charge you a re-design fee of $250 for altering your design layout and template after the time spent on your initial design.  
  • If a logo has been purchased, this will need to be signed off before the website design is commenced. 

Editing and Review Process – you will be allowed 2 revisions of edits to your website while it is under construction 

  • You must provide all your edits in accordance with our edits guidance which allows for standard text, photos and design request changes.
  • Your standard web design price includes two revisions of edits, if you exceed this, we reserve the right to charge $150 per additional edit revision round.
  • All edits must be submitted in a single email where possible, you may use multiple emails if you have size limitations when sending us photos.
  • Please do not bombard our email account with single edit requests as they come to your mind.  Be considered and efficient when reviewing your site and communicating any questions to our team.
  • During the design phase of your web development, if you do not provide edits within 3 months of a draft being provided, we reserve the right to close your account and all money paid will be forfeited.
  • All deposits and fees paid are non-refundable after the client has approved a draft. Once the design work has been signed off for publication, fees are payable as they fall due.
  • The usability, functionality and/or limitations of our content management system are not reasons for not paying the balance of your website.

If You Do Not Like The Website We Have Created

  • If you have provided us with all of your design preferences upfront and adhered to our design phase terms and conditions, you may request a re-design (at no additional charge) or a full refund of your deposit paid. 
  • If you would like a re-design, please provide us with clear guidance on what you want changed so so we can attempt a different design layout in your next version. We will not undertake a second design without your guidance so please help us by communicating your ideas with us. 
  • If you would like to request a full refund of your deposit paid, please tell us your reasons for dissatisfaction and if your request is reasonable we will ask for your bank details to process your refund.  For further details of our refund policy, please read our 100% guarantee policy at the end of this page.
  • If you did not provide us with any guidance for your design preferences and our team has suggested a design for you which you do not like, you are entitled to ask us to try a new design template on your site – we are highly responsive to your feedback and will always make a genuine effort to listen to you to meet your needs. 

If You Change Your Mind and Want a New Look After Your Suggested Guidance 

  • If you have given us your design guidance and we have applied it to your website based on your suggestions, you may change your mind and want a different design mid-way through the process.  
  • We can re-design your website, however we will charge you a $250 re-design fee to change the look of your site for the additional time we spend. This charge is to protect our time as we are a fixed cost provider who also have bills to pay.  

Edits Due To Change of Mind and Indecision

  • If you have edits that relate to your own change of mind or indecision within the 2-round review process, we will advise you if you exceed the limitations of our review.  We recommend that you take some time to reflect on your site in your own time and get back to us when you have certainty about what you want. 
  • In some instances we may recommend that you seek another web designer who can meet with you face to face and help you explore your ideas.  Our email-only service is not suitable for continued change of mind for design ideas.
  • We will not offer a refund of your deposit in the instance of change of mind and indecision as we have spent considerable time to listen to your feedback and preferences and the limitations do not relate to our service.
  • If we believe your requests for changes exceed our fair use policy we will notify you and may charge additional fees for our time.

If You Don’t Like The Content Written On Your Draft Site

  • You know your business best, so we suggest that you take our draft suggestions and modify them to suit you. 
  • Please remember that we are web designers and will never know your business as well as you do, so please take over the steering wheel and give us some specific guidance on what you would like to see changed. We will not process vague requests for content without clear explanation of what you want. 
  • Please tell us clearly what you don’t like and what you would like to see that we did not provide.  If you provided incomplete content in your question list, it is up to you to fill in the gaps during the review process. 
  • We will not re-write your content in a second revision until we receive your clear guidance for changes as we do not want to keep guessing what you would like. 

Post Publication Support

  • Support and FAQ resources are available free of charge in our self-management guidance to assist you in updating your site.
  • We are not responsible for any copy, editing or updating of the clients website. We will not do any work on your website unless contracted to do so, we provide an annual editing service for $500 to process updates to your site ongoing. 
  • Our email-only help desk is available 10am-6pm AEST. This service is provided to direct you to information to solve a single problem. Response times may vary between 24-72 hours and may be communicated outside of our business hours.

Client Administration

  • If a client does not abide by our terms and conditions, we reserve the right to terminate the service immediately with no refund.
  • Failure to make ongoing hosting and domain payments may result in your website and emails being suspended.
  • All cancellations must be requested in writing. We require 15 days written notice. No prepaid hosting balances will be refunded.
  • You may take full backups of your website through the CMS and you are the owner of your website and domain name.
  • You must notify us of any change in your contact details where we send your invoices. If you fail to do this and we do not receive your renewal payments, this could result in your website going offline.

100% Money Back Guarantee

If you have provided all your design preferences and information in adherence with our question list structure and followed our edits guidance but are still unhappy with your website, you may either request a re-design of your website (at no further charge) or request a full refund of your deposit paid. If you have proceeded to publication and subsequently requested a refund for any reason after finalizing payment for the final invoice, a refund will not be offered.

In all other instances where a refund is processed, the website will be taken offline within 2 working days from the date of refund confirmation being issued. It is the policy of Nerds 2 U Web Designs to not keep any refunded work live, nor offer copies of this work to the original client or any other party.

If you do not like your website and have not provided any guidance, there must be sufficient reason and proof that we could not provide what you want either technically or based on our service standard.

In order to be eligible for a 100% refund you must meet the following conditions:

  • The request must be made during the review phase of your site with clear reasons why you are dissatisfied with your site
  • Your request must be provided in writing by email
  • You must have provided us with specific guidance initially which we did not follow
  • The design was suggested by us in the absence of your guidance
  • You must provide us with an opportunity to re-design your site in the first instance stating your preferences for change
  • Your request must be in good faith and not in any way taking advantage of our time or service

Exceptions to our 100% Refund Policy
We will not issue a refund of your deposit in the following instances:

  • You cannot request a refund if you have already approved your draft website or indicated that you are satisfied with it
  • If we have designed your site to your specifications and your request is due to your own change of mind
  • If you have changed your mind about completing your website to the publication stage
  • If you change your mind about your own business idea during the development phase of your site
  • If you cease business operations during the design phase of your site
  • If your business is affected by the delivery of the service – please see our Limitation of Liability section.
  • Additional services requested, including but not limited to domain registration, logo design, Google Business listings and email setups, are not refundable and their retail value(s) and will be deducted from the refund remitted.
  • If our staff has received communication that is abusive and/or threatening, we reserve the right to discontinue service without a refund.

In these instances we will not provide a refund, however we will not charge you for any hosting. If you have provided us with your design preferences and participated in the revision process, you will be required to pay the final invoice because we have spent the hours working on your site according to your specific requests.

If you are eligible for a refund, we will ask for your bank details to process your request within 2-5 working days. Refunds may exclude the cost of non-refundable add-ons such as domain names and Google Places which will remain active even without your website.

Limitation of Liability

​In no event shall Nerds 2 U Web Designs, its employees, contractors or any of their respective directors, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the delivery of services provided, including website services and/or publication, logo and/or graphic design, email systems, advertising.

This includes, without limitation, loss of revenue, or anticipated profits, or lost business, unrelated and/or indirect business expenses, business delays, loss of data and/or sales, or cost of substitute services, even if Nerds 2 U Web Designs or its representative or such individual has been advised of the possibility of such damages.

Treat Us Kindly

Nerds 2 U Web Designs reserves the right to refuse continued service to clients if we believe that you are better suited to a designer who can meet with you face to face to discuss your ideas or if you deal with us in a rude manner. Our core service, web design, is occasionally complicated by issues beyond our control such as third party domain ownership, historical website hosting or requests which need clarification. In such instances, we ask you to at all times treat our staff kindly while we work through them with you.

We retain the right to refuse continued service if any staff member receives communication that is abusive and/or threatening in nature. In such instances, no refund will be provided.

​We respond better to positive personalities (and will go that extra mile to help when we're incentivised with good manners). Please remember that there are real people behind these computer screens with feelings.

If you have any questions about our terms and conditions, please contact us.

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