Web Development Terms
Interpretation:
These terms are a set of relevant Specialist Terms of Service as set out in clause 2.2.2 of the Breeze Basic Terms of Service. They should therefore be read in connection with those Basic Terms of Service and incorporate the interpretations from the Basic Terms of Service.
Without prejudice to the contents of clause 1.1 of these terms, the following interpretations shall apply in these terms:
- “Comparison Site” means a website which has been identified either by Breeze, the Client or a Third Party Agency because the Client likes the design or function of the website and would like their own website to have the same functionality or design.
- “Third Party Agency” means a person other than Breeze or the Client who is instructed to carry out the design of the Deliverables.
Choice of Design Agency:
The Client shall make a choice whether to instruct Breeze or a Third Party Agency in the design of the Deliverables.
Where the Client chooses to instruct a Third Party Agency, it shall retain responsibility for instructing and managing the Third Party Agency and it shall be no defence for failure by the Client to meet obligations under this Contract that the Third Party Agency has or has failed to take an action.
Use of Comparison Sites:
The Client may specify several Comparison Sites that it wishes Breeze to use as inspiration in designing and building the Deliverables. While Breeze will take commercially reasonable endeavours to meet similar specifications as the Comparison Sites, the Client agrees and acknowledges that it may not be possible to duplicate the Comparison Sites.
The Client further agrees that Breeze shall use its discretion and knowledge of the market to design and build the Deliverables in a way that seeks to achieve the Client’s goals such as they have been made known to Breeze.
Project Scope and Amendments:
The agreed website design, functionality, pages and deliverables will be outlined in the Proposal of Work.
The number of design revisions and amendments included in the project will be detailed in the proposal. Any additional revisions or work outside the agreed scope may incur additional charges.
Changes to the agreed scope must be confirmed in writing. Breeze will advise the Client of any additional costs or changes to delivery times before proceeding with the additional work.
Delays in receiving content, instructions or feedback from the Client may affect the agreed delivery schedule.
Testing and Client Approval:
Breeze will carry out appropriate internal testing before presenting the completed website to the Client for review.
The Client will have 10 working days to test the website, review its content and report any material issues in writing, in accordance with Section 7 of the Basic Service Terms.
Breeze will correct defects within the agreed scope before final approval. Additional features or changes requested outside the agreed scope may incur additional charges.
Once the website has been accepted in accordance with Section 7 of the Basic Service Terms, Breeze may proceed with launch where this forms part of the agreed project.
Content and Material:
Clause 12 of the Basic Terms of Service is reiterated here.
Website Hosting and Ongoing Support:
Unless expressly included in the Proposal of Work, website hosting, ongoing maintenance, content updates and additional development are not included in the original website development fee.
Any ongoing services will be charged separately at the agreed rate and will be subject to the relevant Breeze terms and conditions.
Where ongoing services are included, their fees will increase by 10% annually in accordance with clauses 6.7 to 6.10 of the Basic Service Terms.
This does not remove Breeze’s responsibility to correct defects under the agreed project terms or its applicable legal obligations.