123 Online Digital Solutions Ltd Custom Application Development Terms and Conditions

These terms cover 123 Online's custom app development and should not be confused with our standard terms & conditions for website packages.

Definitions

123 Online Digital Solutions Ltd is referred to as 123 Online, We, Us, Our

The Client is referred to as The Client, You, Your

Our Responsibilities

123 Online commits to:

  1. Provide the client with transparent information about the risks and pricing for custom development
  2. To perform all services in a timely, professional manner
  3. To respond to all client queries in a timely and professional manner
  4. To provide a quote or estimate, before undertaking any additional work required to complete the website that has not been agreed on and stated in the project information

Your Responsibilities

Custom development is a collaborative effort. As a client, you commit to:

  1. Promptly reply to our requests for information pertinent to the software development project
  2. Follow our instructions relating to the formats we require this information so we can work with it effectively
  3. Promptly respond to our requests for feedback and approval of requests related to the project
  4. Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the project, on behalf of your company
  5. Be responsible for making 123 Online fully aware of your functionality requirements in the scoping phase, prior to commencing development of the project.
  6. Acknowledging that the project in question constitutes a collaborative effort, however, it is understood that ultimate responsibility for its success rests with you.

The client must ensure that all requirements are listed in the project scope before sign-off. 123 Online will not be obligated to undertake any additional work that is not listed in the project scope without agreement of both parties. If additional functionality requirements come to hand after the project scope has been signed off, and they are within the technical scope of 123 Online's ability, they will be estimated and agreed to before work on these aspects will commence.

Payment Terms

  1. All prices are excluding GST unless otherwise stated.
  2. Hourly rates for professional services, which include but are not limited to; IT consulting, design & development are at 135+gst p/h unless otherwise stated. Our prices are subject to change without notice.
  3. Estimates are indicative only and are not fixed quotes. T&M (Time & Materials) is recorded by the minute at the rate of 135+gst per hour using time-tracking software to give you the most accurate pricing possible. T&M is billed per month, at the end of the month or beginning of the next month.
  4. All invoices are due 7 days from invoice date unless otherwise stated.
  5. Failure to pay invoices by their due dates may put your project on hold to avoid 123 Online incurring additional costs.
  6. Our accounts team will chase unpaid invoices three times, on the fourth reminder a late payment fee of 22.50+gst will be added to cover administration and the time to chase late payments. Your project may be placed on hold until payment is received and subsequent follow-ups may incur additional late fees.
  7. In extreme cases of continued non-payment, we reserve the right to engage our collections agency to obtain outstanding funds, and permanently suspend the project and hosting to avoid incurring further costs on behalf of the client. In such cases, the client will pay any associated collection costs.

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