Terms & Conditions
These standard terms and conditions for Website Design and Development and Self-Publishing projects apply to all contracts and all work undertaken by Barefoot Academy (ABN 13 722 651 994) for its clients. Barefoot Academy is the copyright owner of the content of this website. Brand names, cover images, characters, book titles and other product information used on this website may be the trademark or intellectual property of a registered holder. No permission is given in respect to use of any of the above, and such use may constitute an infringement of the holders’ rights. Except as permitted by the Commonwealth Copyright Act 1968 (as amended) no part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the express written permission of Barefoot Academy. Nothing contained on the website, should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on this website without the express written permission of Barefoot Academy or the third-party owner. These Terms and Conditions are governed by the laws in force in Australia.
Quotations
After an initial free 20-minute consultation to discuss details and requirements for Website Design & Development and/or Self-Publishing services, Barefoot Academy will put together a project brief and email you (the "Client") a quotation with details about the works to be undertaken. All quoted prices are in Australian Dollars and, except where indicated, include GST (Australian Goods and Services Tax). Quotes are valid for 30 days and are subject to sight of files and work required.
Acceptance of Services & Payment Terms
Once you (the "Client") accept the quotation provided by Barefoot Academy for Website Design & Development and/or Self-Publishing services, by simply clicking on the Accept button, you give permission for us to commence work on your project and agree to the terms and conditions on this website.
A 50% deposit of the total fee payable based on the price quoted will be due immediately upon accepting the quotation and can be made via PayPal. Barefoot Academy will email you (the "Client") an invoice for the remaining 50%, which will be due over two (2) instalments, the first of which will be due at the halfway point and the final instalment will be due on completion of your project. All instalments will be due upon receipt of the invoice and can be made via PayPal.
You (the “Client”) are responsible for ensuring payment is made for the services any work undertaken by Barefoot Academy as outlined in the project brief. Where payment of an invoice is not received, Barefoot Academy reserves the right to cease work on your project until such time as any amount due is paid in full.
Any deposit and/or instalments made, are only refundable where Barefoot Academy has not fulfilled our obligations to deliver the work required as agreed in the project brief. Where Website Design & Development and/or Self-Publishing services has already commenced and you (the “Client”) terminate your agreement, through no fault of ours, any deposit and/or instalments made, are not refundable. If you (the “Client”) request services outside those listed in the written quotation, an additional quotation including details of the requested work will be provided and you (the “Client”) will be invoiced accordingly prior to this additional work commencing. Should the requirements for a Website Design & Development and/or Self-Publishing change during a project, Barefoot Academy reserves the right to issue a revised quotation and invoice you (the “Client”).
Project Materials, Timeline, Variations & Delays
You (the "Client") agree to provide all necessary instructions, information and resources for Barefoot Academy to be able to commence work on your Website Design & Development and/or Self-Publishing project and ensure it is completed professionally, in accordance with the agreed specification and in a timely manner.
Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to Barefoot Academy which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount of time. Where you (the “Client”) fail to supply materials, that prevents the progress on your project, Barefoot Academy has the right to invoice you for any part or parts of the project already completed. Where Barefoot Academy does not have all necessary information to complete aspects of and/or the project, we will contact you (the “Client”) and seek further information and any details required.
A comfortable timeframe from quotation acceptance to go-live for most projects would be approximately 8-12 weeks, with an approximate breakdown of time as follows:
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Quote acceptance and deposit paid
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Design and Concept - 2 weeks
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Development - 1-2 weeks
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Website Content - 1- 2 weeks
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Final testing and go live - 1 week.
During development there may be a certain amount of feedback required to progress to subsequent phases, therefore, you (the “Client”) will be asked to appoint a single point of contact about your project and for that person to be available and/or to respond to any requests within 48 hours to expedite the feedback process.
Barefoot Academy provides these timeframes as estimates and guides only as each project is different and a variety of factors, both in and outside of our control, can have an impact. We are also open to discussing timeframes with you (the “Client”) to work through the details of your project in order to align expectations.
Where you (the “Client”) have concerns about the progress of your project, please reach out to Barefoot Academy in the first instance so a mutually agreeable solution can be found. In the event either you (the “Client”) or Barefoot Academy wishes to terminate work on a Website Design & Development and/or Self-Publishing project prior to its completion, five days’ written notice must be provided to the other Party.
Domain Names & Web Hosting
Barefoot Academy can purchase domain name registration and/or web hosting on your behalf and will supply you with account credentials and full details upon completion of your project. The Client will retain ownership of the domain name.
Search Engines & SEO
Barefoot Academy does not guarantee any specific position in search engine results for any Website Design & Development projects. We perform basic search engine optimisation according to current best practice.
e-Commerce
You (the “Client”) are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Barefoot Academy and any of its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Revision to Work
Barefoot Academy offers you (the “Client”) the opportunity to make revisions to the design, however, we have the right to limit the number of variations to a reasonable amount and may charge for additional changes, especially where changes are made to the original design specifications. The website development phase is flexible and allows certain variations to the original specifications, however any major changes from the specifications will be charged at the rate of $250.00 per hour.
Approval of Work
On completion of your project, you will be notified and given a 5-day review period in which to notify us in writing of any issues or areas considered unsatisfactory and/or not to the agreed specifications. Any of the work which has not been reported in writing to us as unsatisfactory within the 5 -day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the project will be deemed to have been completed and any remaining payment instalments will be invoiced and become due.
Rejected Work
If you (the “Client”) reject any of work completed by Barefoot Academy within the 5-day review period, or not approve subsequent work performed by us to remedy any issues or areas considered unsatisfactory, and we, acting reasonably, consider you have been unreasonable in any rejection of the work, we can elect to treat this project completed and take measures to recover payment for the completed work.
Confidentiality
Barefoot Academy will not at any time or in any manner, either directly or indirectly, use for their personal benefit, or divulge, disclose or communicate in any manner any information that is proprietary to you (the “Client”). Barefoot Academy will protect such information and treat it as strictly confidential. This provision shall continue to be effective after completion or the termination of your project. Upon completion or termination, Barefoot Academy will also return to you (the “Client”) all records, notes documentation and other items that were used, created, or controlled by Barefoot Academy during the term of the project, with the exception of items purchased by Barefoot Academy and not reimbursed by the Client.
Privacy, Non-Disclosure & Non-Solicitation
Barefoot Academy regards all client records and information as confidential and therefore we will not sell, share or rent your personal and/or business information to any third party, without your prior written consent. Barefoot Academy shall not directly or indirectly disclose to any person other than you (the “Client”) at any time either during the term of your project or following the termination or expiration thereof, any confidential or proprietary information pertaining to you (the “Client”), including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. If you are enquiring about our services, are acquiring, or have acquired a service from Barefoot Academy we will collect and hold your name, telephone number and email address solely for the purpose of providing you (the “Client”) with the relevant service and managing and administering the service. Barefoot Academy will sign non-Disclosure or Confidentiality Agreements where required. All work is carried out in strict confidence and will not be revealed to any third parties.
Security & Liability
Barefoot Academy will take all reasonable steps to protect information from misuse and unauthorised access and to protect software from corruption. Barefoot Academy cannot be held responsible for any loss, damage, theft etc, of data, projects, equipment or any items relating to projects during transit to/from Barefoot Academy. Incoming information sent electronically or by CD/ USB and received by Barefoot Academy will be scanned for viruses. In the case of emails, suspicious files will not be opened so it is important you (the “Client”) clearly name all attached files to ensure we have all documents required to complete your project. While Barefoot Academy will take all reasonable precautions to ensure that any email, attachment to email and all files prepared or provided by Barefoot Academy via electronic form has been scanned for viruses, we do not accept liability for any loss or damage sustained by you (the “Client”) as a result of software viruses or data corruption. You (the “Client”) are responsible for carrying out your own virus checks and scanning.
Barefoot Academy will also not be liable for loss, damage or delay of your project due to circumstances beyond our control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact you (the “Client”). In the event of such loss, damage or delay, Barefoot Academy will make every effort to notify you (the “Client”) immediately.
Ownership & Intellectual Property
You (the “Client”) must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material you supply to Barefoot Academy to include in your website or web applications. The Client is solely responsible for its appropriate use, including abiding by any copyright requirements, plagiarism laws and publishing requirements. Barefoot Academy is not responsible for the content of any document supplied to us. Barefoot Academy assumes no responsibility for any plagiarised material supplied by a Client and reserves the right to return work should they become aware of such inappropriate use. Barefoot Academy retains the right to reject work for any Client that involves material that it finds to be illegal, immoral or objectionable. Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work”) developed in whole or in part by Barefoot Academy in connection with the services shall be the exclusive property of the Client. All work carried out shall be considered made-for-hire under the Copyright Act, and at all stages remain the sole and exclusive property of the Client. Upon request, Barefoot Academy will sign all documents necessary to confirm or protect the exclusive ownership of the Client to the Work.