Dream Config Terms of Trade

All work undertaken by Dream Config is subject to the following terms of trade.



Services

The Services which we are to provide for you will be outlined in our proposal, Statement Of Work (SOW), online quote or email estimate.


 

Client Guarantee

We are committed to doing our best to ensure that all your needs are met throughout our engagement. 


Dream Config will:

  1. Protect and promote your interests, considerations and queries

  2. Discuss with you your objectives and how they should best be achieved

  3. Act competently, in a timely manner, and in accordance with instructions and/or arrangements made

  4. Clarify all work to be done and the way the services will be provided

  5. Protect your data and privacy and ensure appropriate confidentiality

  6. Treat you fairly, respectfully and without discrimination

  7. Keep you informed about the work being done and advise you when it is completed

  8. Charge you a fee that is fair and reasonable and let you know how and when you will be invoiced

  9. Let you know how to make a complaint and deal with any complaint promptly and fairly


We value an ongoing relationship with you. These terms are the core basis of our relationship and our commitment to you to attend to your service requirements diligently, with an efficient, effective and professional service.



Client Responsibilities

The Client is responsible for the following as appropriate to the services being delivered, and will:

  1. Have sufficient resources to provide requested information and fulfill responsibilities to Dream Config in a timely manner

  2. Have sufficient resources for ongoing operational costs

  3. Use commercially reasonable efforts to make time available for scheduled meetings

  4. Make prompt review/acceptance of project deliverables

  5. Understand scheduled work may continue if feedback is not provided within specified timeframe



The Basis of our Charges

Unless agreed otherwise our rates are based on the range of factors, including time, expertise, importance, urgency and results achieved. Details of our charges are available at any time. We also charge for administrative disbursements and travel expenses incurred on your behalf. These will be itemised separately, and we will notify you if any fees or disbursements need to be paid for in advance.



Acceptance of Work

Whether accepted by the client or not, all work done in an experimental manner or to task completion, including any design, mock-ups, visuals or questions related to Dream Config products we’ve built for the client or any other ideas shall be considered an order and charged for accordingly. Any concepts not accepted remain the property of Dream Config. If work fails to meet your satisfaction, please contact Dream Config within 5 working days so the matter can be resolved.



Scope Changes

The following services are considered additional, and Dream Config shall advise the Client on any requested work that falls within these parameters:


  1. Business requirements that may impact or change requirements outside of the original scope

  2. Change requests once content has been approved and agreed upon by Client and/or exceeded the number revisions specified

  3. Any requests not explicitly outlined in this document, including additional meetings if required to complete the project due to unwarranted circumstances 

  4. Requested updates or changes that were not included in the original Functional Specification document

  5. Features from a previous website not carried over to the redesign

  6. Any re-design or re-development once designs have been agreed upon by Client and/or already coded by Dream Config

  7. Dream Config reserves the right to charge for project scoping work where an extensive amount of time is required to clarify the exact tasks to be undertaken



Performance Period

The Services shall be provided for a fixed term according to the completion dates outlined in the project proposal or SOW. If the project is terminated before completion of any phase by Client, Client will be liable for payment for all accepted deliverables. In the event of a dispute arising in relation to the terms of this Agreement Client and Dream Config shall meet and endeavour to settle the dispute in an amicable manner through mutual consultation. If such means fail to resolve the dispute in a satisfactory manner within thirty (30) business days, either party may seek binding arbitration.



Intellectual Property

The client shall retain intellectual property/copyright for all finalised logos, drawings, photographs, designs and artwork prepared by Dream Config for the work specified in this agreement.


The client shall be entitled to use them or copy them only for the works and purpose for which they are intended. The client shall have no right to use any of this where any or all of the fees and expenses remain overdue or in default to Dream Config. Dream Config will retain the right to use all logos, drawings, photographs, designs, artwork, proofs and edits developed for the client for promotion purposes within their newsletters, web sites, and portfolios, or any other promotional material.



Complaints

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer your complaint to the person in our agency who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to any other partner.



Hosting

All projects are hosted and maintained by Dream Config. Dream Config will not be liable for performance of any projects built by Dream Config and maintained elsewhere. 



Invoices & Payment

Project fees are typically split over 3 payments. 30% on kick off, 35% on design approval and 35% prior to go live of the website, or otherwise agreed upon in writing.


Hosting requires a monthly fixed fee. This will automatically be billed monthly in advance to your credit card or electronically on a monthly basis. If you have requested to be billed annually, no refund is given if you cancel within the 12 month billed period.


We will invoice you for the fees for any digital marketing campaigns monthly.


Third party fees payable to relevant platforms are paid directly to each platform via a credit card or direct debit, which must be set up before the campaign starts.



Cancellation of Hosting Services

If you would like to cancel your hosting services we need written confirmation from you. Upon request we will supply website assets providing your account with us is up to date. Migration charges will apply.


Hosting fees will be renewed automatically monthly or annually. We require four weeks notice if you wish to cancel your hosting with us. If you transfer your services to another provider we need written email confirmation from them or you advising us that the transfer is complete. We will not terminate your services prior to this final notification.



Software Services

All Dream Config projects are run in weekly sprints. Dedicated time each week is allocated to your project backlog based on overall scope and timeframe. A Dream Config Project Manager will specify what is the priority in the backlog on a weekly basis. 10% variation can be added to the following week's sprint, or additional resource obtained if available. Otherwise, any requested tasks will be done as and when possible. Rush rates will apply for updates needed urgently. 


Things that will pause a sprint

  1. Failure to provide feedback before the next sprint. The priority that week will be given to another project

  2. If allocated hours for the week are reached the project will be paused until the next sprint or additional budget is allocated 

  3. If invoices remain unpaid past invoice due date



Design

Dream Config will provide up to 2x design revisions for any given project. Additional design revisions and/or sprints can be requested and will require additional scope and budget. Design feedback must be provided by dates outlined in the SOW, otherwise project timelines may shift due to loss of placeholder. 



Code Updates

In some instances when we undertake updates or development work on your website we need to also update the code and/or core CMS to the latest versions. We will advise if this is required, some additional costs may apply. This includes conflicting legacy code. 3rd party access to any  code environment hosted by Dream Config is not permitted.



Content Management (CMS) System Use

CMS training will be provided in the form of screencast videos that detail specific areas of the website. We send these via email along with a test link once the development phase is complete. If onsite training is required additional fees will apply.



Content Management

Please note that the content management system of your website allows flexibility to manage simple content and image updates. It is not a total solution for updating 100% of the website’s content. Further to this some areas are complex and if updated can cause major issues with the look or performance of your website. Please only update areas you are familiar with and please don’t attempt to update our platform or plugins without prior discussion with us. If an issue arises with your website as a result of content management a charge may apply to revert changes and rectify any problems.



Testing

All Dream Config websites are thoroughly tested on all major platforms and browsers prior to deployment. Dream Config no longer supports Internet Explorer in favour of Edge.



Maintenance

Updates of the CMS and related functionality are not included in the original website build price. Once the website goes live, we have a 30 day warranty on all bug fixes that we be completed at no cost to you. Post 30 days from go live, all bugs, amendments and updates will be estimated on prior to completed. 


In order to keep websites performing optimally over time, Dream Config will also be in regular contact offering optional updates and strategies specific to your platform. Dream Config audits client websites every 3 months and will notify the Client of any required updates at that time. There is commonly 1 or two rounds of maintenance updates required per year, which are recommended for optimal performance.



SEO

All Dream Config websites are optimised for search prior to deployment, which includes initial keyword research, title/meta tags, backlinks and content considerations. Dream Config always recommend ongoing SEO optimisation once the website is live for continuous improvement and better rankings overall.



Quotation & Fees

The fees which we will charge or the manner in which they will be arrived at, are set out in the SOW. If the agreement/quotation specifies a fixed fee, we will charge this for the agreed scope of our services.


Quotations are based on information provided by the client at the time of quoting work. Any subsequent work which falls outside that scope or changes in the client’s instructions from originally stated requirements may incur extra charges. These charges are based on an hourly rate basis with minimum billable time blocks of 15 minute increments.


Any material that must be unexpectedly collected or created at our expense in order to complete the work may incur extra charges at the current rate. Any later material supplied to us may also jeopardise any deadline that may have been agreed upon.


Where our fees are calculated on an hourly basis, the hourly rates are set out in a quotation/invoice. The differences in those rates reflect the experience and specialisation of our professional staff.



Estimates

Estimates includes design, development, unit testing, deployment and acceptance support.

We use our best judgment and experience when making estimates. However, estimates are just estimates. We’ll communicate with you as soon as we are aware that more or less time is required. We will then work with you to understand why the estimate was inaccurate and chart a course of action based on your input and approval. However, all logged hours will be billed accordingly.



Disbursements and Expenses

In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred. We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.



GST (if any)

Is payable by you on our fees.



Invoice Disputes

If you have any query regarding an invoice this must be followed up with Dream Config within 5 working days of receipt. Additional credit may be denied to those accounts whose balances remain outstanding.



Overdue Invoices

Interest will be chargeable on overdue accounts at the rate of 2.5% per month together with an Admin Fee of $10.00 + GST per month. Accounts not paid within 90 days will be forwarded to a debt collection agency and the account holder will be responsible for paying any administration costs, collection costs and legal fees.


Dream Config reserves the right to discontinue any work in hand for the client in the event of non-payment of accounts at the stipulated time. It also reserves the right to not “Go Live” with websites until payment has been received. Where sites are “Live” and the client is in default of payment Dream Config reserve the right to remove the site until such time as outstanding payment on invoices is received. Any costs incurred by Dream Config as a result of reinstating service will be charged to the client. While all efforts will be made to contact and discuss terms for extended credit, Dream Config reserve the right to suspend without warning any accounts with a balance more than 30 days overdue. A claim or dispute raised by the client does not entitle the client to set-off against or withhold payment of any money owed to Dream Config.



Security

We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses.

You authorise us:

  1. to debit against amounts prepaid by you

  2. deduct from any fees, expenses or disbursements for which we have provided an invoice.

Third Parties

We hold the right to add a 10% service fee for all third party expenses that we manage and pay on your behalf. This includes print, digital advertising and social media advertising placement. This service fee is based on the amount paid to the third party.


Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.



Confidentiality

We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person except:

  1. to debit against amounts prepaid by you

  2. deduct from any fees, expenses or disbursements for which we have provided an invoice.

Confidential information concerning you will as far as practicable be made available only to those within our agency, who are providing services for you. We will of course, not disclose to you confidential information which we have in relation to any other client.

Exclusion Of Liability

Except as provided in clause Limitation of Liability, Dream Config is not liable to the Client or any other person for:

  1. any cost, loss or liability (including loss of profit or other consequential damage) arising from Dream Config’s supply or failure or delay in supplying products and services

  2. the content, context, or confidentiality of any communications made using the Service

  3. cost, loss or liability arising from third party software or service (including hosting providers the client has selected)



Suspensions & Terminations

You may terminate our services at any time. We may also terminate our services to you at any time. Any work commissioned by the client, and subsequently cancelled or suspended for more than 30 working days, will entitle Dream Config to payment in full for the portion of work completed up to the date of termination and all expenses incurred up to that date. If a project is left stagnant by the client and Dream Config has not been able to do work on the project for a period of 8 weeks or more, this may incur extra charges to pick up the job again once the client is ready. This charge is to recap where the job was left and re-brief the team.



Retention of Files and Documents

You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 1 month after our engagement ends, or earlier if we have converted those files and documents to an electronic format and supplied to you.



Warranty

Dream Config warrants that all services provided will be completed with the care and skill that can be expected from a competent E- Businessvisor, developer and hosting service provider. If Dream Config supplies you with a website, we also warrant that for 30 days from delivery of the operational website (“Warranty Period”) the website will conform to the Quotation. If this warranty is breached within the warranty period we will bring the website into conformity with the Quotation at Dream Config’s cost. Note that this warranty does not extend to any deviations caused by negligence, misuse, or alterations or modification that we have not permitted in writing.


Except as mentioned above, all conditions and warranties, express or implied, are excluded to the maximum allowed by law. In particular, we do not warrant that the website (if any) will:

  1. be completely free of defect or error; or

  2. be completely secure; or

  3. work on all internet browsers and operating systems



Development Disclaimer 

As part of this proposal, Dream Config has provided a fixed based quote which is based on the information provided by the client. Although all quoted hours are Dream Config’s best estimates, we reserve the right to halt development and provide a revised quote if the project objects are clearly not achievable within the initial time estimates. If a project is to be requoted, Dream Config will provide (as part of the initial development) written notice and an explanation as to why Dream Config believes the requote is necessary.