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Terms and Conditions

Proven Innovation can work with you either with an agreed fixed price quotation, or on a time and materials cost basis. Each approach has its own advantages.

An agreed fixed price quotation is a set price for a set outcome. This arrangement works best where a client supplies a detailed requirements specification, usually 30+ pages, that leaves nothing to chance and spells out every last detail. This provides something really concrete to quote against. This is more usual with big jobs, but can be a less cost effective approach, as a quotation needs to factor a contingency against unforeseen issues.

A time and materials cost basis is where you are billed for effort on a project. It only costs you what it costs. This approach is more flexible for you, you can increase or decrease scope as we proceed which translates to adjusted effort and therefore adjusted cost. This approach is also more flexible for us, as we will try and find the balance that works best for you, between you wanting to just see a final solution without getting bogged down in detail, and you jumping in and doing legwork wherever possible which would result in reducing your costs.

The fine print

  1. Commencement: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Proven Innovation, as outlined in these Terms and Conditions.
  2. Intermediate Payments: Any project that spans more than one month will be proportionally invoiced each month. On fixed price quoted projects, after work commences, the first 20% of the total cost of the project is non-refundable.
  3. Payments: Payment of any balance will be due within 14 days of the invoice date. A completed solution may not be made available until after full payment has been received. Any material previously made available may be removed if payment is not received.
  4. Late Payment: Accounts that have not been settled within 14 days of our final reminder will incur a late payment charge of 10% of the amount outstanding.
  5. Intellectual Copyright: Proven Innovation will hold intellectual copyright of any material, including any source code, original images and content created for the client. All rights not expressly granted or detailed separately in writing and signed by Proven Innovation, are reserved to Proven Innovation.
  6. Client’s Copyright Responsibilities: In situations where the client provides images, text or animations they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Proven Innovation in the provision of a solution may have been purchased under licence from stock image suppliers. These images are generally only licensed for a specific use and may not be used in publicity material. The client is legally responsible for ensuring that this does not happen.
  7. Search Engine Promotion: Where a website is involved in the solution, Proven Innovation is not responsible for the client’s on-going website promotion. The order in which websites are ranked in the natural search results is controlled by the search engines and Proven Innovation is unable to make any guarantees about the success of any search engine promotion activity.
  8. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. On fixed price quoted projects, a minimum cancellation fee of the non-refundable initial payment(s) will apply.
  9. Travel Time and Expenses: Traveling time to and from customer premises is not generally included in our estimate. Proven Innovation reserves the right to charge for traveling time at our normal consultancy rates and for traveling expenses incurred.
  10. Quotations: On fixed price quoted projects, the price quoted to the client is for the work agreed on in the quotation only. Should the client decide that changes are required after project commencement, additional charges may have to be negotiated prior to accepting these changes. Amounts shown do not include GST, and are valid for 30 days from the quotation date.
  11. Future Support: On fixed price quoted projects, the solution is provided to and accepted by the client as a fully functioning, completed work. Proven Innovation is not responsible for future support. This can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
  12. Future Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life. Proven Innovation will endeavor to protect the solution from these threats during development, but Proven Innovation will not be responsible for problems that arise after hand over to the client.
  13. Compliance: Proven Innovation design solutions in accordance with the client’s specifications. It is the client’s responsibility to ensure compliance with current regulations. Proven Innovation will not be responsible for any failure to comply with regulations related to the solution or it’s use, or regulations related to a specific business or trade.
  14. Waivers: Should Proven Innovation waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Proven Innovation to waive the same clause on any other occasion.
  15. Terms and Conditions: Proven Innovation reserves the right to change or modify any of these terms or conditions at any time.