Terms and Conditions - TheProsMedia

Terms and Conditions

As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images, fonts and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that we set together. You also agree to keep to the payment schedule set out in this proposal.

I have the experience and ability to perform the services you need and I will carry them out in a professional and timely manner. I will endeavour to meet all the deadlines set but am not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved my work on time at any stage. I will also maintain the confidentiality of any information that you give me.

Details of the works

I will create designs for the look, layout, and functionality of your website. This contract includes one main design and two opportunities for you to make revisions to the final design. If you are not happy with the design at that point, I will provide you with an additional quote for extra design work needed. If instead, you wish to cancel our agreement, you may do so and I will retain the initial payment for the work completed to date.

HTML/CSS layout templates

I will develop using valid HTML5 markup and CSS3 for styling. I will test all my markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Google and Opera. I will also test to ensure that pages will display visually in a similar—not necessarily an identical—way in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.

I will not test these templates in old or abandoned browsers, for example, Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified.

Text content

I am not responsible for writing or inputting any text copy. I will be happy to help, but significant work on my part will result in a charge above and beyond the original price. This will not be done without your approval of an additional quote provided in advance.


If needed, you will supply me photographs either in digital or printed format. If you choose to buy stock photographs that price will be added to the initial quote. Stock photography will not be purchased without your written approval.

Changes and revisions

The estimate/quotation prices in this proposal are based on the time I estimate I will need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won't be a problem. At that time you will be provided with an additional quote for the extra work.

Technical support

As agreed, the quote provided includes the installation and set up of your site on your server as well as the implementation of Google Analytics. Updates to, and management of that server, plus any support issues will be up to you.

I do not offer or include technical support for website hosting, email, or other services relating to website hosting. If you do require help with anything beyond the design and development of your site, I will be happy to help.


I am not liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages—even if you have advised me of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by you or that you have permission to use them.

When I receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that I create for you for this project. I will give you a copy of all files and you should store them carefully as I am not required to keep them or provide any native source files that I used in making them.

You also own text content, photographs, and other data you provided unless someone else owns them. I own the HTML markup, CSS, and other code and I license it to you for use on only this project.

I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles, and in books.


As agreed, our payment schedule will be as follows but may be revised based on further conversations between us.

50% of total fee upon agreement of initial design: [deposit fee]

20% of total on delivery of the website (pre-snagging): [second fee]

30% of total fee on completion of the project: [balance]

Interest accrued if payment is more than 14 days late. We reserve the right to add 5% any outstanding balance every 7 days, starting from 15th day after receipt of the finished product.

You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.




The agreed hourly rate for work carried out during the normal business hours (9:00 am - 5:00 pm) would be negotiated between The Client & TheProMedia before work commences. The agreed hourly rate is to remain confidential between The Client and TheProMedia. TheProMedia reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.


Where a client prefers to engage TheProMedia at a fixed Daily Rate, TheProMedia will negotiate with the client to an agreed rate which is to remain confidential between The Client and TheProMedia. TheProMedia reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.


The overtime rate is applicable outside the normal business hours of 9:00 am - 5:00 pm, Monday to Friday. The overtime rate also applies to any hours in surplus of 38 hours per working week and any hours worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set, and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.


In cases where TheProMedia is required to perform duties on a client site at a specified time at an hourly or daily rate, the tax office deems the relationship to be that of employer/employee. Therefore, when the payment for Freelance Services exceeds $450 in 1 (one) calendar month, TheProMedia's invoices include a Superannuation Guarantee component. This has been incorporated into your hourly rate with TheProMedia and will appear as a separate entity on the invoice. This must be paid directly to the nominated Superannuation Account, and details will be noted on the invoice.


Where The Client has requested the services of TheProMedia on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.


A minimum of 4 (four) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is canceled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced.


TheProMedia invoices weekly. Payment by The Client is required within 7 (seven) days of receipt of an invoice from TheProMedia. TheProMedia accepts payment by direct deposit, and the bank account details will be made available to you when the invoice is sent.


TheProMedia agrees not to misuse or disclose any confidential information that may be made available by The Client.


TheProMedia is under the responsibility of The Client from the time of reporting for duties and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard; however TheProMedia will not be held liable for loss, expense, or damage caused by any or omission that occurs throughout the duration of the booking.


TheProMedia will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, the Client's responsibility is to check all artwork carefully before final sign off and publishing. As a result, TheProMedia is not liable for loss, expense, or damage caused by any act or omission.


The Client agrees to exercise due diligence in its direction to TheProMedia regarding the preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright, and patent infringement clearances. The Client is also responsible for arranging any necessary legal clearance of materials TheProMedia prepares. TheProMedia will not be held liable for any legal infringements resulting from artwork being distributed or published under The Client's direction.


TheProMedia makes every effort to maintain the highest possible work standards. Can it not accept responsibility for any loss, expense, or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, TheProMedia shall not be liable to the Client or any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions, or suits suffered, sustained, or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data, or otherwise, even if expressly advised of the possibility of such damages.


Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify TheProMedia immediately of this intention. Hours worked to that point will be invoiced (minimum 4 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be paid within 7 (seven) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.


These terms can only be varied, amended, or altered by written agreement between TheProMedia and The Client.

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