Website Design & Development
Please note the following terms and conditions are current as of 01/01/2023. Our pricing and offerings are reviewed annually each year and any changes in prices and offerings take effect from the following month. All clients are required to read our terms in full and agree before commencing any work.
Hue Marketing provides your quotation based on our best understanding of the website scope and requirements collected through our website briefing document and during the course of our conversations and meetings to date. If there are any inaccuracies, please notify us so that we can make the necessary adjustments. Once you approve the quotation, if there are any changes or alterations beyond the scope as outlined in the proposal, additional costs may be incurred.
Your quotation is valid for 30 days and is based on the proposed project commencing within 30 days of the agreement being signed. Hue Marketing reserves the right to re-quote if the project is yet to commence within 30 days of this agreement being signed. Hue Marketing will work to the proposed timings as outlined. However, if the project becomes dormant or is delayed beyond Hue Marketing’s control (such as supplying content, providing feedback etc.) the proposed timings will be adjusted accordingly and Hue Marketing reserves the right to re-quote the project if needed.
Website Design Process
Hue Marketing follows a specific process for Website Packages. More detailed information can be found here.
Website Design & Development
Hue Marketing is responsible for the design and development of the website defined by the scope outlined in the quotation. Unless specifically outlined in the proposal, Hue Marketing does not produce wireframes or visual mock-ups as part of our standard website process. If the client requests Hue Marketing to produce wireframes or visual mock-ups, additional costs may be incurred. The website will be designed and developed on a live but private staging website environment and will be presented to the client via a secure website link for review, feedback, and/or approval.
Website Intellectual Property
Upon receipt of final payment, the website’s structure, design, and content (images and text) are owned by and are the intellectual property of the client. Any royalty-free images purchased during the project may be used by the client, but the intellectual property of these remains with the photographer and image library from where it was purchased.
Hue Marketing requires final client-approved website content prior to commencing the website design & development. Website content includes such things as logos (branding), website copy (text), images (photos), videos, and any SEO metadata. Unless specifically stated in the website quotation, Hue Marketing websites do not include any copywriting, SEO Research & Optimisation, or Video production. If you require any assistance with any of the above items please speak to Hue Marketing so that we can provide you with an additional quotation & advice.
Website Content Copyright
When providing website content (such as photos, videos or music) clients are required to ensure they have the appropriate copyright approval for the use of the material. Hue Marketing suggests always purchasing royalty-free media to ensure you are rightfully licensed to use it on your website to avoid any legal ramifications later on.
Website Content Definitions
- Hue Marketing defines (1) website page as being a website page containing up to a maximum of 600 words and up to 5 images.
- Hue Marketing defines (1) blog/projects page as being a website page feeding in blog articles/projects. Hue Marketing is responsible for the blog/project page template design and population of 2-3 standard blog articles/projects.
- Hue Marketing defines (1) gallery page as being a page displaying images in a thumbnail or slide gallery containing 10-15 images.
If any website page content or characteristics exceeds these definitions, Hue Marketing reserves the right to provide an additional quotation & advice.
Included in your website package there is 1 x round of website changes and 1 x final round of minor text amends. This ensures the process is as smooth as possible from both ends and allows your site to go live sooner. If there are any changes to this process beyond our control (such as additional rounds of revisions or additional meetings) additional costs may be incurred.
Supplying of Website Copy
When supplying the final client-approved website copy, please ensure each individual website page is clearly separated in either a separate word document page or file. Handwritten or scanned copies that require Hue Marketing to re-type the copy will not be accepted. If you require any assistance with copywriting please speak to Hue Marketing and we can provide you with an additional quotation & advice. Supplying incorrect or non-final copy that requires additional changes made to the website may result in additional costs.
Supplying of Branding
Please provide Hue Marketing with final client-approved branding along with final colours, fonts, and any other visual references that will aid in the website design process. Accepted formats are AI, EPS, and PDF. Supplying incorrect or non-final files that require additional changes made to the website may result in additional costs.
Supplying of Images/Photography
When supplying images/photography please be sure to provide high-resolution images in JPEG, TIFF, or PSD format. When purchasing stock images/photography please purchase and download the highest resolution available. If you require any assistance acquiring stock images/photography or arranging new photographs, please speak to Hue Marketing and we can provide you with an additional quotation & advice.
Supplying of Videos
Hue Marketing requires videos to be filmed and uploaded in high resolution (HD) to your video content library of choice, such as YouTube or Vimeo. Please provide Hue Marketing with the video URLs and ensure the videos can be embedded inside a website. Hue Marketing does not host any videos on our website servers. If you require any assistance with videography please speak to Hue Marketing and we can provide you with an additional quotation & advice.
Hue Marketing optimises every website for optimal user experience appropriate to the capabilities of browsers or devices. Since all browsers and devices have different capabilities, performance, and screen sizes, this may mean the website will appear slightly different due to the capabilities of each browser or device. Hue Marketing tests websites in current versions of the major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We do not test non-current, out-of-date, or abandoned website browsers. If required, please speak to Hue Marketing and we can provide you with an additional quotation & advice.
Hue Marketing test websites on popular small-screen devices such as iOS: Safari and Android 4.1: Google Chrome, Firefox. We do not test on Blackberry, Opera Mobile, or other mobile browsers. If required, please speak to Hue Marketing and we can provide you with an additional quotation & advice.
Damage or Loss
Hue Marketing is not liable for any damage or loss caused to a website once it has been handed over to the client. We encourage our clients to be careful when editing/deleting pages or content as information can be easily lost. Hue Marketing is also not liable for any content that is on your website.
Every Hue Marketing website is built on WordPress, an open-source CMS (Content Management System) platform that is an excellent solution for our client’s needs. Hue Marketing implements a variety of plugins provided by WordPress developers to extend and improve the functionality of the website. As part of Hue Marketing website hosting, support & maintenance plans, we are able to provide many of the plugins free of charge through our hosting and maintenance plans, however, if there is any additional functionality required, many plugins can attract additional setup costs and annual licenses. Hue Marketing does not own, nor control WordPress and is not responsible for any disruption, loss of data, limitations, or inconvenience.
Hue Marketing eCommerce websites are predominantly built using the Woo commerce plugin which out of the box is a flexible and powerful eCommerce solution. Hue Marketing implements a variety of extensions provided by licensed Woo commerce developers to extend its functionality. As part of our eCommerce website hosting, support & maintenance plan we are able to provide many of the extensions free of charge, however, depending on the functionality, many extensions will attract additional setup costs and annual licenses. Hue Marketing does not own, nor control Woo commerce and is not responsible for any disruption, loss of data, limitations, or inconvenience.
Where possible Hue Marketing website is built with the DIVI theme framework by Elegant Themes. We have found the DIVI theme to be the industry leader in terms of flexibility and security and Elegant Themes to be a high-quality, progressive, and responsive theme company. Hue Marketing neither owns nor controls Elegant Themes. Hue Marketing is not responsible for any disruption, loss of data, or inconvenience caused by Elegant Themes.
3rd Party Platforms/Plugins
Hue Marketing may use 3rd party platforms/plugins to extend the functionality of websites to meet clients’ needs. Hue Marketing neither owns nor controls any 3rd party platforms/plugins and is not responsible for any disruption, loss of data, or inconvenience caused.
Website Development Payment Terms
- Initial 50% Website Payment.
Upon approval of the quotation, Hue Marketing will provide an initial 50% invoice to activate the project. Once payment is received the project is activated and a website planning meeting is organized.
- 25% Progress Payment
Once a new website is presented by Hue Marketing for client review, Hue Marketing will issue a 25% progress invoice. Payment of this invoice is required prior to any further work.
- Final Website Payment.
Once a website is approved for launch, Hue Marketing will issue the final invoice which is due for payment prior to the website going live. The invoice will comprise the remaining 25% plus additional work completed as a result of alterations to the original scope. In cases where there is a client-side delay in the project, this final invoice will also be issued 60 days after the initial invoice and is due 60 days after the initial 50% invoice or whichever comes first.
Website Project Alterations
In some instances, clients opt for additional website alterations during the course of the planning, design & development of their website (such as additional pages or additional functionality etc). This is totally fine as Hue Marketing understands the fluidity of projects, especially where there are many stakeholders involved. Whenever this occurs, Hue Marketing will always notify clients about the impact of any extra costs for full transparency. Upon website approval, Hue Marketing will invoice the client for any additional alterations agreed to during the website project.
In the case of unforeseen client cancellation;1) Hue Marketing will provide a refund less an administration fee of 10% if canceled within 30 days of payment & prior to a website planning meeting. OR 2) No refund will be provided if the cancellation occurs after the website planning meeting.
Hue Marketing Accreditation
Hue Marketing websites proudly feature a small accreditation at the bottom of the footer. This is our way of showing the world how proud we are to have built the website.
Website Hosting & Management
Hue Marketing provides website hosting, support & maintenance on a month-to-month basis for our website design clients with no locked-in fixed-term agreements. We highly recommend this service.
Bronze – (Caretaker plan)
Silver – (Growth plan)
Gold – (eCommerce plan)
Visit the hosting and maintenance plans above for details of what’s included in each.
Website Hosting, Support & Maintenance Exclusions
Setting up email on mobile, laptop, or PC devices Technical support for Phones, Computers, IT and Internet help Performing work or support of 3rd Party Platforms/Plugins such as PayPal, Facebook or Mailchimp, etc Absorbing the cost for renewal of new/current domain names SSL Certificates Required for eCommerce, Unlimited bug fixes.
Each website’s theme and premium plugin licenses are owned by Hue Marketing and are not the intellectual property of the client nor transferable. Clients can always purchase their own licenses if they choose to, and will be required to do so if they request to relocate their website to a different website host.
Hue Marketing does not store emails on our server, we do however offer POP3 email solutions and will provide instructions to connect it to your main email client (eg. outlook or Gmail). Our email solution is not designed for mass email marketing campaigns and is restricted to 20 incoming messages per minute and sending to 80 outgoing recipients per hour. This is more than enough for standard business communication. However, if you require more, we recommend using business-grade cloud-based email solutions such as Microsoft 365 or Google Workspace. And a dedicated email marketing system like MailChimp, ActiveCampaign, and Aweber if you wish to send mass marketing emails.
Hue Marketing uses SiteGround to provide these clients the Website Hosting and SSL certificates. As part of this service, Hue Marketing will liaise with SiteGround on our client’s behalf to resolve any technical issues. Hue Marketing is not responsible for any website downtime or related costs or damages associated with the website being down for any period of time. In the event of downtime, Hue Marketing will work closely with both the client and SiteGround to rectify any issues in a timely manner. If a client’s website monthly traffic exceeds the amount outlined in their specific plan, Hue Marketing reserves the right to move the client up to the appropriate website plan or provide a quotation for a suitable custom solution.
Phone, Chat & Email Support
Support is offered between 9am to 5pm Mondays to Fridays and is exclusive for Hue Marketing clients. Support is not available on Public Holidays or over the annual Christmas closed period. During peak times, there may be a 24-48hr response time for any support. Monthly allotments do not carry over if unused.
Hue Marketing performs automatic backups of every website on a nightly basis and backups are stored for 30 days. These backups are saved to an external source in line with our best security practices.
Occasionally a website may appear broken as a result of software updates (WordPress, Theme & Plugins) or by other means such as user, browser, desktop & device error. Hue Marketing will work to fix all website bugs including performing additional updates & troubleshooting by contacting website hosting providers, WordPress, and theme & plugin authors. Support time for bug fixes will be deducted from the yearly support allowance for each client. Hue Marketing cannot provide unlimited bug fixes as Hue Marketing is not responsible for the development & maintenance of WordPress, Elegant Themes & the various plugins being used to operate each website.
Hue Marketing clients may be granted Editor level access to their websites enabling them the ability to easily add/edit/delete pages or content. Hue Marketing remains the sole Administrator for the website. For security reasons, Hue Marketing does not grant Administrator or FTP/cPanel access to clients or 3rd parties as Hue Marketing cannot warrant or guarantee any work performed by 3rd parties. Hue Marketing is not responsible for any loss or damage to the website, backups or database in the event Administrator access is provided.
Domain Name Ownership
Whilst Hue Marketing manages the domain names for many of our clients, legally each and every domain name remains the property of our clients who are the rightful ABN/ACN holders of their business. Should any client wish to be released, Hue Marketing agrees to assist in releasing the domain name(s) free of charge.
Review of Services
Hue Marketing reserve the right to perform annual reviews of its services and prices. In case of any change, Hue Marketing will notify clients prior to new services and prices being implemented the following month.
Release of Website
Hue Marketing requires 30 days’ notice should a client request to cancel or release their website. Upon request, clients are required to acknowledge the transfer of responsibilities and termination of ongoing web hosting services & support upon release. Once agreed, Hue Marketing will provide the client the EPP code required to transfer the domain name (if managed by Hue Marketing), and remove all premium plugin licenses & associated tools and backup the website (core & database files) and provide the client a downloadable link via FTP. Once provided, the client has a 30-day window to set up new website hosting, arrange the transfer of their domain and engage the services of a web developer to perform the website migration. Hue Marketing is not responsible for the migration of the website, or the setup of email addresses and forwarders on the new servers, all of which are the responsibility of the client. After 30 days, Hue Marketing will remove the website from its server and cancel all services. Hue Marketing is not responsible for any loss of data during this process.
Migration of WordPress Website to External Hosting Provider
At any stage during the project or after launch, should a client request Hue Marketing to perform a migration of the website to an external website hosting provider, a migration fee of ฿ 15,000 (fifteen thousand Thai baht) will be levied. Hue Marketing requires 30 days’ notice to perform the migration. Unless requested and quoted upon, Hue Marketing is not responsible for the setup of the new website hosting or the setup of email addresses/forwarders on the new servers, all of which are the responsibility of the client including Domain Name Transfer, DNS Record Updates, Zone or Email records. Upon payment of the migration fee, Hue Marketing will migrate the existing website to the new hosting allocation. Hue Marketing is only responsible for the migration of the current website and ensuring the correct website functionality is maintained. The client will be given a list of WordPress website server requirements & plugin license details to ensure their chosen hosting environment is suitable prior to transfer.
Monthly Hosting Payment Terms
Hue Marketing Clients can choose to pay for their website hosting & support in two ways:
Pay an annual 12 monthly invoice. Issued at the start of the 12-month period and can be paid via electronic bank transfer.
Pay every three months, quarterly invoice. Issued before the site goes live and then 3 weeks in advance after that. Also to be paid via electronic bank transfer.
Cancellation / Failure to Pay
Cancellation of hosting will result in the suspension and removal of the website from the time payment ceases. Failure to pay within 30 days will result in the suspension of your website and email accounts until full payment has been received. Upon failure to pay within 60 days, Hue Marketing reserves the right to delete the associated website and email accounts as the services are no longer being acknowledged or paid for / required.