Get In Touch Australia
Room 224, Level 2, 38 Gawler Place, Adelaide, South Australia 5000.
[email protected]
Ph: +61 8 8220 0001
Get In Touch Singapore
68 Circular Road, #02-01, 049422, Singapore
[email protected]

Development Terms & Conditions

  • All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
  • By accepting a quote, you agree to and accept the terms and conditions of Biomorphik PTY LTD. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
  • Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
  • Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Biomorphik.
  • There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
  • Biomorphik will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
  • Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
  • Any bugs (programming errors) reported during or just after the development does not attract additional charges.
  • Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
  • Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Biomorphik be liable for any delays caused by change in the project brief.
  • Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
  • Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
  • Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
  • If your website/application is not hosted on a Biomorphik server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
  • Please note that at any stage during the project, stalling of the project for over two calendar months will incur $99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
  • Biomorphik software codes (not including open source software) are copyrights of Biomorphik. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
  • Biomorphik owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Biomorphik warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Biomorphik CMS cannot be transferred to any external host; this includes any access to the software codes.
  • The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
  • Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Biomorphik does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
  • Biomorphik takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
  • Biomorphik offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
  • The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
  • Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
  • Hosting charges are not included in the quotations unless mentioned otherwise. Biomorphik can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Biomorphik will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
  • Biomorphik generally builds and tests the websites/applications on our own servers or hosted domains. Biomorphik cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
  • Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Biomorphik, upon full payment of any outstanding invoices, Biomorphik will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
  • All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

 

 

  • All prices are quoted in Australian dollars are inclusive of GST unless specified.
  • All invoices are to be processed as per the schedule via your preferred method of payment.
  • There is a surcharge charged for payments made via Xero Accounting Software. This is charged by Stripe for the credit card payments.
  • Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.
  • Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
  • Biomorphik reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
    For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
  • Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $5.50 per month, from the due date.

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Biomorphik will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

  • If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
  • All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
  • Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.
  • Biomorphik generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

 

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