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Resource Standard Hourly Rate (AUD) + GST Standard Daily Rate (AUD) + GST Prepaid Hourly Rate (AUD) + GST Prepaid Daily Rate (AUD) + GST
Chief Architect $285 + $28.50 $2,280 + $228 $270 + $27 $2,160 + $216
Solution Architect $265 + $26.50 $2,120 + $212 $250 + $25 $2,000 + $200
Senior Software Architect $225 + $22.50 $1,800 + $180 $210 + $21 $1,680 + $168
Search Engine Optimization Expert $225 + $22.50 $1,800 + $180 $210 + $21 $1,680 + $168
User Experience Expert $225 + $22.50 $1,800 + $180 $210 + $21 $1,680 + $168
Senior System Administrator $215 + $21.50 $1,720 + $172 $200 + $20 $1,600 + $160
Software Architect $195 + $19.50 $1,560 + $156 $180 + $18 $1,440 + $144
System Administrator $195 + $19.50 $1,560 + $156 $180 + $18 $1,440 + $144
Senior Web/Graphic Designer $195 + $19.50 $1,560 + $156 $180 + $18 $1,440 + $144
Senior Software Developer $175 + $17.50 $1,400 + $140 $160 + $16 $1,280 + $128
Web/Graphic Designer/Video Producer $175 + $17.50 $1,400 + $140 $160 + $16 $1,280 + $128
Software Developer $135 + $13.50 $1,080 + $108 $120 + $12 $960 + $96

I/we/the Client engages SSW on the following terms:

I/we/the Client authorizes SSW to provide the resources suitable for the project. SSW generally works in teams of 2-3 on most projects - often a Solution Architect works with a Senior Software Developer overseen by a Scrum Master. Work requested by me or any other person from the Client will be performed by SSW.

Terms & Conditions

This contract is governed by the laws of NSW, Australia. The operation of the postal acceptance rule is expressly excluded. The terms and conditions contained on this document supersede any previous terms and conditions.

Limited Liability

In no event shall SSW or its suppliers be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or of the inability to use the software. In no event shall SSW's liability for any claims whether in contract, tort or other theory of liability exceed the purchase price of the subject products or services, unless such limitation of liability is otherwise prohibited by law.

Copyright

The intellectual property rights, copyright and company trade secrets of SSW (conceived July 1989) vested in all software products, upgrades, dual-media software, hard-copy or electronic manuals and documentation are vested in SSW, which reserves the right to use the software or material, or any part of it in other applications and for its own use.

Development Work Credit

In the event SSW performs web development services, the Client acknowledges and will ensure that: (a) SSW receives a permanent credit on the Site (including, without limitation, any alteration, modification or subsequent use of the Site) which acknowledges SSW as the developer of the Site; Unless otherwise agreed in writing credit shall be "Proudly developed by SSW Sydney Web Design" in a suitable position of each page of the Site. This text will provide a permanent link to www.ssw.com.au; (b) SSW may claim credit in its own promotional material for the development of the Site; and (c) the Client will remove the credit within 24 hours of receiving a notice from SSW to do so. In the event SSW performs web or other software development services, SSW reserves the right to develop and publish a case study on the work performed.

Hourly-Rate Work

Unless specified otherwise in writing, the Client authorizes SSW to undertake work on an hourly-rate basis. SSW may provide an estimated time to complete this work. Such estimates are not binding and all hours designated as performed will be charged at the rates set out or otherwise agreed. SSW reserves the right to not provide estimates for work regarded by SSW to be less than 24 billing hours. The minimum time chargeable for on-site work is 4 (four) hours per person per visit. The minimum time chargeable for off-site work is 15 (fifteen) minutes per person per request during business hours and/or 2 (two) hours per person per request outside of business hours.

Pre-Paid Work

SSW may offer a pre-paid rate where time is pre-paid in blocks of 40 hours per resource. Pre-paid rates become effective upon the day of payment. Rates revert to standard if pre-payment is not made prior to work commencing, or not so made for second or subsequent prepaid invoices in respect of work past the previously prepaid work. We recommend that you process payment within 24 hours of receiving a new invoice to ensure that the prepaid discount is maintained. Unused prepaid credit expires 12 months from the date of issue of the invoice. No refund will be made for unused prepaid credit.

Fixed Price Work

SSW may agree to perform certain work for a fixed price in accordance with an agreed specification and/or release plan/s. In this event, the specification and/or release plan/s are fixed. Any additional or unspecified work will be to the Client's account. A fifty percent payment of any fixed-price component is required prior to commencement of work and twenty-five percent payment is required upon delivery of the software for User Acceptance Testing (i.e. when a "test please" email is sent). The final twenty-five percent payment is required prior to the Release entering Production OR work commencing on any other release OR the elapse of 30 days after sending the "test please" email (whichever is sooner).

SSW will only conduct fixed-price work in a Development and/or Staging environment. The Client forfeits any incomplete or unfinished work the moment the Release enters Production. No warranty applies after the Release enters Production.

The following are excluded from any fixed price agreement: on-site work (including on-site meetings), specification development/scoping (including the generation of further estimates), production deployment, 3rd party component integration or configuration, data migration, network infrastructure or hardware services, graphic design including mockups. SSW conducts all development and testing in an environment with a default configuration.

Requests for Work

Work requested by the Client (including employees or representatives of the Client), in written, electronic, or verbal form, is authorized by the Client. The Client may choose to work through a "Company Champion." If so, the Client must inform SSW of this decision in writing. Subsequent to this advice the Company Champion has sole authority to request billable work. All requests that the Company Champion is CC'd on are considered authorized.

For more information, see What is a company champion.

Uninvited Solicitation

Direct or uninvited solicitation of an SSW employee by the Client is prohibited unless authorized in writing by SSW. The Client warrants that should the Client solicit the employee, thereby breaching the prohibition, the Client will pay damages to SSW of an amount proportionate to 21% +GST of the total remuneration package offered to the employee plus liquidated damages of 4 (four) weeks pay +GST of the total remuneration package with such amount being a genuine pre-estimate of damage flowing to SSW upon a breach of this stipulation by the Client. In determining this amount the parties have taken into account factors including the costs of recruitment and training of an employee in replacement of the solicited employee.

Warranty

No warranty applies to work done on an hourly basis, this includes bug fixing. SSW and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties or merchantability and fitness for a particular purpose, with regard to the software, the accompanying written materials, and any accompanying hardware.

A limited 7 day warranty begins upon delivery of any fixed price component or Release not in Production. If the component or Release enters Production prior to the expiry of 7 days, the warranty ceases. A software issue within the fixed price component or Release is covered by the warranty where:

  • The application crashes to code (excluding bugs resulting from third party products e.g. "blue screen of death" or crashing in a third party data grid that we cannot control); or
  • The application displays data inconsistent with the specified business rules; or
  • The application is missing functionality specified in the specification; or
  • The page design/layout is substantially inconsistent with the agreed mock-ups

and the developers can reproduce the above on the test server and the application is not yet "live" and the issue has been reported in time. All software issues shall be presumed to fall outside the warranty unless proven by the client otherwise. More examples of what is/is not a "bug"?. The doing of work by SSW within any warranty period cannot be construed as an admission by SSW that the work is work performed pursuant to a warranty.

Support

Reproducing issues can be difficult. The client warrants that before reporting an issue the client will:

  1. run Windows Update

SSW will perform these tasks to the clients account before investigating any issues if the tasks not completed successfully by the client. Software will be supported either under an hourly rate, Service Level Agreement or on a Per Issue basis. SSW will only support web applications accessed using the most recent version (at the time support is provided) of Internet Explorer and/or Chrome. No other browsers are supported.

Negotiation of rates in foreign currency

SSW may in its sole discretion agree to fixed price or hourly rates in a foreign currency amount, however all invoices will be rendered in AUD based on the relevant exchange rate published on www.xe.com at the time the invoice is generated. The Client bears all costs or fees arising from or relating to any foreign currency exchange or international transfer.

Source Code Ownership

The copyright in the software developed by SSW pursuant to this Agreement, other than in the Retained Software, shall vest in the Client on acceptance. "Retained Software" includes any software of a generic nature used or developed by SSW during the course of this Agreement including the SSW Framework or the SSW Toolkit. The copyright and all other intellectual property rights in the Retained Software vest in SSW. SSW grants a non-exclusive, transferable, perpetual Australian right and license to use, deploy and modify the software comprising the Retained Software within the Client's group of companies for the Client's own internal purposes. SSW reserves the right to use in any way it thinks fit, including in the development of software for third parties, any programming tools, skills or techniques acquired by SSW in the course of this Agreement.

Services of all Notices

Services of all notices shall be sufficient if delivered or sent by any form of email (preferred), facsimile, or post (standard, certified or registered) to either party's business address.

Testing

The Client is responsible to ensure the software has been tested The Client agrees that prior to a version being submitted to the client, the SSW developers may:

  1. Perform automated testing with SSW Link Auditor (for Web Apps)
  2. Perform automated testing via Unit Tests
  3. Perform an internal "Test Please" (aka "Alpha Testing" e.g. only that pages or forms load, not checking the business rules)
After SSW sends the Client a "test please" email the Client will promptly conduct User Acceptance Testing, checking the specified component/release for bugs, sending all feedback within five business days. SSW is not required to commence development on a future release if any current release is not approved by the Client. For more information, see Do you know the 4 steps to do a "Test Please"?

Training & Documentation

Training is charged in half day or full day sessions. Documentation, if required, is at additional cost. If documentation has not been specifically estimated or quoted, it will not be supplied. All custom documentation, including additions, deletions, and amendments is to the Client's account.

Cancellations by the Client

If any hourly job is cancelled by the Client after commencement, SSW will charge for all hours up to that point in time. If an hourly job is cancelled by the Client, any pre-paid work not fully completed will not be refunded; however the remaining balance will be credited to the Client's account for future utilisation. If any fixed price job is cancelled by the Client, SSW will retain the initial fifty percent of pre-paid value. Any further hours completed will be charged to the Client as a proportion of the quoted price based on hours completed to that point in time.

Cancellations by SSW

SSW reserves the right to terminate any previously agreed project specification for fixed price work without prior notice. SSW will charge on a pro-rata basis for any work completed. SSW reserves the right to terminate any previously purchased pre-paid work blocks without prior notice. In this case, the Client will be refunded for hours not completed as a proportion of the pre-paid blocks purchase value. SSW reserves the right to terminate any ongoing service contract including, but not limited to hosting and database updates, with fourteen days notice. In this case, any paid unexecuted services will be refunded as proportion of the charged price based on percentage of specified project completed.

Credit Terms

SSW reserves to the right to refuse or withdraw credit for any reason. In the event of credit being refused SSW may agree to conduct work on a prepaid basis. If credit is offered the Client agrees to keep within terms of 7 days and limit of AUD$10,000(+GST). The Client agrees that SSW can stop work if either of these are exceeded. SSW reserves the right to take legal action to recover debt and/or withhold source code until invoices are paid in full. Client has 7 (seven) days from date of receipt of an invoice to query invoice or timesheet. The Client abrogates any right of reply after this time. SSW does not offer credit to persons or corporations not domiciled within Australia.

Interest

SSW reserves the right to charge interest on all overdue accounts (including fees and disbursements) at a rate of 14% per annum compounded daily. Overdue accounts are deemed to be those accounts that remain unpaid after 7 days from the date of invoice for services or products provided by SSW.

Credit Card Details

All payments over $2,000 made by credit card incur a 2.5% surcharge. This is to reflect the cost of fees charged for credit card transactions. When using a credit card, the invoices cannot be split for payment.

SSW retains the right to store credit card details on file.

Deadlines

SSW may choose to estimate the completion date of a project. While we will endeavour to meet all deadlines, we do not offer any guarantees, and SSW is not liable for losses suffered due to a project being completed after the estimated completion date.

Equipment

SSW is not liable for any equipment failures be it SSW's equipment or equipment on the Client site.

Viruses

While SSW endeavours to have all its hardware virus-free, the Client is expected to have current virus protection, and SSW is not liable for any accidental infection of the Client's hardware.

Expenses

When requested by the client, or where the work so requires, SSW employees or agents may travel to locations which it considers safe and within a reasonable travel time.

Within the Sydney, Brisbane and Melbourne metropolitan areas:

  • Full Day bookings - Travel is not billable.
  • Part Day bookings (less than 8 hours on site) - Travel time is billable at the standard rate.

Outside the Sydney, Brisbane and Melbourne metropolitan areas:

  • For partial day bookings all travel time within business hours is billable. Travel time is calculated as the time it takes to make a return trip between SSW office and the respective location. SSW reserves the right to refuse travel to any location for any reason.
  • If travel is applicable, the Client shall pay for ordinary expenses including accommodation, airfare, and other transport. We rather arrive on time so please book airfares with Qantas or Virgin, not Tiger. Accommodation shall be charged at AUD$150 + GST per person per night if not booked and paid for by the client. A per diem of AUD$60 + GST per person per day is chargeable for meals if reasonable provision is not made by the Client.

Note: The Sydney Metropolitan area is defined by the council areas in the Sydney Inner (SI) and Sydney Outer (SO) regions listed by the Department of Local Government.

Goods and Services Tax ("GST")

All prices quoted whether on an hourly basis or a fixed price basis are exclusive of unless otherwise stated. In addition to the amounts quoted the Client must pay on those amounts (if applicable). This will increase the quoted price by 10%. is payable by you at the same time as the Client pays the SSW invoice.

Severability

Each of the above clauses is severable and is enforceable separately. If one or more clauses are deemed unenforceable, this does not affect the validity of the rest of the contract.

Business hours

SSW Business Hours are Monday through Friday, 0900 - 1800 AEST not including Federal/NSW public holidays.

Agreement


I/we/the Client authorizes the above and I have read and agree to SSW's Terms and Conditions. This agreement shall become effective upon acceptance and can be terminated within 1 month, in writing by either party. This contract is governed by the laws of NSW, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales Australia. The operation of the postal acceptance rule is expressly excluded.
Authorized Person
Position
Person or Company Name
("Client/I/we/me")
Signature & Date
Client registered business address
Client ABN + date of incorporation