By placing an order with Hotter than Hot Design, you conﬁrm that you are in agreement with and bound by the terms and conditions set out below. We reserve the rights to change or modify our terms and conditions without notice.
1. “Hotter than Hot Design / HTH Design / Us / We / Our / I ” means Hotter than Hot Design
2. “The Customer / Client / You” means the person, group of people, or company who receive the service from Hotter than Hot Design.
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email and or phone.
- We may use the information to customize the website according to your interests.
- We may provide your information to our third party partners for marketing or promotional purposes.
- We will never sell your information.
We are committed to ensuring that your information is secure.
Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:
50% of the total website project cost will be invoiced before commencement of the project. The ﬁnal 50% will be invoiced before the site goes live. All prices are quoted in Australian dollars and are inclusive of GST unless speciﬁed.
The due date is the date on which the payment is due as per the terms on the invoice. Payment terms are 14 days, unless agreed otherwise.
Updates outside original quote
In the event of any variations or extensions to the project, or should a client wish to engage Hotter than Hot Design on a time and materials basis, all work will be undertaken in accordance with our hourly rates which is $75 p/hr inc GST. The client will be advised of an estimated time and cost before commencing any further work in this case.
Hotter than Hot Design reserve the right to re-use technical components developed during the project and will retain all intellectual property rights on each development.
All designs will be presented in PDF format unless another ﬁle type is speciﬁcally mentioned in the Proposal / Estimate.
All creation ﬁles remain the property of Hotter than Hot Design.
All unpaid work undertaken by Hotter than Hot Design as part of a Tender / Pitch process remains the property of Hotter than Hot Design unless otherwise agreed to in writing.
This proposal, in whole or in part, may not be reproduced, stored, transmitted, or used for design purposes without the prior written permission from Hotter than Hot Design.
Hotter than Hot Design retains the right to showcase work created for the client on the Hotter than Hot Design website and / or for other promotional purposes.
Hotter than Hot Design cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided. You indemnify us and agree to keep us indemnified against all suits, costs and losses that may arise as a result of us using materials provided by you.
Hotter than Hot Design will ensure that any site or application will function correctly on the server to which it is initially installed.
Hotter than Hot Design takes no responsibility of any of the third party products, software or components used on or in the website designed by HTH Design, such as payment gateways, SSL certiﬁcates, Plugins and Applications etc.
Hotter than Hot Design provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and ofﬂine problems, however we will not be held liable for any disruption of services if such situation arises.
Hotter than Hot Design will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
Bugs or system errors
When a project has been delivered and approved, the client will have a two month grace period where Hotter than Hot Design will address any reported system errors or bugs free of charge. After this grace period any required changes will be billed at our standard hourly rates.
Content and data entry
The supply of content and assets is the responsibility of the client, unless the client is employing Hotter than Hot Design’s service to write content.
All content for all sections of the website must be supplied at an agreed time, in electronic format (for example, in an email or word document attachment to an email) and preferably in one delivery.
Content must be thoroughly reviewed before it is supplied to Hotter than Hot Design. Hotter than Hot Design is not responsible for any spelling and grammatical errors.
Where a project has ﬁnal approval Hotter than Hot Design will indicate time frames for both parties. If a client delays the project for more than three months, (by missing deadlines for the supply of information, client meetings and or content or image supply) Hotter than Hot Design reserves the right to charge a project-delay fee (10% of the total project amount) to recover costs associated with ongoing management of the project.
Hotter than Hot Design will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Hotter than Hot Design to meet agreed deadlines.
Domain registration and hosting
Hotter than Hot Design uses software that consolidates the web hosting service and a dot com domain registry inclusive in the price, if you need another domain extension this will be charged to the client at the standard going rate for that domain registration. The ownership and responsibility to pay the ongoing registration fees for this domain is solely the clients.
Hotter than Hot Design does not make proﬁt on the hosting and registration fees.
Disputes, liability and indemnity
In an event of a dispute, Hotter than Hot Design reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. Under no circumstances will Hotter than Hot Design be liable for any damages arising from misrepresentation or misinformation.
Hotter than Hot Design reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
Relationship of Hotter than Hot Design with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Hotter than Hot Design will not be liable or become involved in any disputes between the site owners and their clients and Hotter than Hot Design cannot be held responsible for any wrong doing on the part of a site owner.
Discrepancy after approval
Hotter than Hot Design is not responsible for any loss caused by errors including colour change and/or spelling errors and/or any human error to the artwork after the client has agreed to go ahead. It is the clients responsibility to ensure the artwork is correct before approval.
The client understands and that colour variation is common within print and from computer / mobile device screen to screen. For more information on why colour change occurs click here.