Terms & Conditions

Parties

1.1. Internet Solutions Australia Pty Ltd trading as Brisx, ABN 65 108 451 378 located at Level 4, 85 Smith

Street, Wollongong, NSW 2500.

1.2. The website development services provided by Brisx will be for the client.

 

Recitals

2.1. The client wishes to engage Brisx to provide the services specified in clause 3.

2.2. Brisx has agreed to provide the products and services to the client on the terms and conditions of this agreement.

2.3. The client is granted a perpetual, worldwide, royalty free, non exclusive, license to use, reproduce, modify, adapt and to sub license third parties to use, reproduce, modify and adapt the materials provided by Brisx for purposes of providing various internet services to customers of the client.

 

Appointment and Role of Brisx Client Representative

3.1. Brisx will appoint an employee reasonably acceptable to the client who shall be:

3.2. Skilled and experienced in managing engagements listed in the project scope and requirements;

3.3. Responsible for the planning, organisation and execution of services in accordance with the project scope and schedule;

3.4. Available to provide client with project updates at project milestones;

3.5. Should the client wish to contact a Brisx team member for any other reason a Brisx representative can be contacted via email: info@brisx.com.au or via live chat on the Brisx.com website;

3.6. Ensuring that Brisx has access to appropriate resources as required by client and in project scope;

3.7. Ensuring that the client performs its obligations and responsibilities under the contract in a timely fashion and within project timeline and scope;

3.8. Ensuring that the client understands the requirements of the Brisx service, project scope and their role in the Brisx project;

3.9. Ensures that the client understands that the implementation of extra project modules will extend the project timeframe;

3.10. Ensures that the client understands that the project timeline commences from 2 weeks with the economy Brisx website package, not including extra modules

3.11. Ensures that the client understand that the project time for business package projects can take up to 4 weeks not including extra modules;

3.12. The client is required to provide same day feedback to ensure the project is delivered within the advertised timeframe;

3.13. The delivery timeframe will be extended by the total number of days feedback is overdue over the course of the project;

3.14. Ensures that the client understands that the project time for first class package projects can range from 6 weeks to 8 weeks in project length not including extra modules;

3.15. Brisx consider the project to be complete when the client handover has occurred. Projects considered complete are ready for population with final content by the client;

3.16. Client representative will provide Brisx client with a PDF training tutorial prior to website go live;

3.17. Client representative can and will provide the client with face to face, skype or telephone training if requested by the client at the extra module price of $200 + GST for a 1.5 hour training session.

 

Hourly rates and fees

4.1. Our fees for the delivery of the listed services are based on the complexity of the services and the time required of the individuals performing the services. Any development or design work beyond the initial package cost and bug fixes, may require an additional cost that will be negotiated depending on the requirements.

4.2. Custom website design concept of the homepage to be provided to the client as per Step 2 "Craft your site mood" and Step 3 "Arrange the Layout" from the online Brisx order form. Please note, the client will be permitted a maximum of 2 rounds of creative revision before the design of the homepage is finalised. The remaining Page Types will be delivered from the finalised homepage concept. If required the client can purchase more revision rounds at $330 inc GST per revision round. Please note, the extra revisions rounds will be invoiced and will need to be paid in full before they are delivered to the client.

4.3. Team members are staff from across Brisx three divisions and include; business analysts, interactive designers, software developers, system administrators, and search and conversion analysts. Staff will be able to assist the senior management team deliver the services as required.

 

Termination

5.1. The parties may terminate this agreement in whole (or in part) at any time with immediate effect by giving notice to the other party if:

a) The other party commits a material breach of this Agreement which cannot be remedied; or

b) The other party commits a material breach of this Agreement that is capable of remedy and the defaulting party fails to remedy that breach within 30 days following receipt of notice requiring it to do so.

5.2. If the client terminates the website project and/or the online performance services Brisx will immediately stop work. If termination occurs within 60 days of contract sign off the client will pay any raised and outstanding invoices and no further invoices will be raised by Brisx. If termination occurs after 60 days of contract sign off the client will pay the full website project contract value.

 

Creation of Acceptance Tests

6.1. If following receipt of any Acceptance Tests from the client pursuant to clause 3 Brisx makes no request for change within 5 working days, the acceptance tests shall be deemed to be approved for delivery.

 

Testing Environment

7.1. Brisx will carry out the testing of the goods on http://yourbusinessname.brisx.com or equivalent which will be available on the internet but only be known within the project team.

7.2. The client and Brisx will both complete User Acceptance Testing of the new website on the above staging link as provided by Brisx. The client will report any bugs, changes or product failures it finds to Brisx for rectification.

7.3. Brisx will fix the rectification list in line with the agreed Acceptance Test list prior to a final round of Acceptance Testing which will occur before the client gives approval for Go Live.

7.4. Client representative will ensure that Brisx website is compatible with the following browsers and devices: Current Versions of Firefox, Google Chrome, Safari, IE10-11, IE9, Mobile iOS, Mobile - Android and Tablet.

 

Warranty and Support

8.1. Brisx will provide a 30 day warranty after the websites Go Live date and rectify any bugs or technical issues identified by the client at no cost during those 30 days.

 

Confidentiality

Brisx must:

9.1. Not disclose or provide to any person, other than to persons engaged in the Services, any information concerning the Contract, the Services or any Contract Material or any other confidential information with which it has been entrusted by the client; and

9.2. Ensure that its subcontractors and the officers, employees, servants or agents of Brisx and its subcontractors comply with this clause.

 

Entire Agreement

10.1. This agreement supersedes all prior agreements, arrangements and undertakings between the parties, and constitutes the entire agreement between the parties.

10.2. No addition or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative.

 

Law

11.1. This agreement shall be governed by and construed in accordance with the laws for the time being in force in the state of New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that state.