Custom Design Process
Extract from Wynchcote Terms of Service
3. Custom Design Process
3.1 Design Request
The Company will invite the Customer to submit a Design Request Form for a custom Template and/or custom Website design. In completing the Design Request Form and submitting it to the Company the Customer is giving consent to be contacted by the Company to discuss their requirements. Use of the Design Request Form does not constitute a legally binding contract between the Company and the Customer.
3.2 Design Consultation
A representative of the Company will make reference to the Design Request Form during the consultation process. Prior to communication of the Formal Design Quote by the Company to the Customer the Company reserves the right to amend the design costs.
3.3 Order Confirmation
3.3.1 Formal Design Quote
The Company will send a Formal Design Quote to the Customer following the consultation process, setting out the Design Work to be undertaken, design cost, terms of payment and Payment Schedule.
3.3.2 Customer Acceptance of the Formal Design Quote
The Company will commence undertaking Design Work when by means of written communication the Customer confirms their acceptance of the Company's Formal Design Quote and makes payment of the non-refundable deposit amount due in accordance with the Payment Schedule contained therein.
3.4 Payment Schedule
The Design Process will be undertaken by the Company in stages. Payment for Design Work at each stage will be made by the Customer prior to commencement of the associated Design Work. Time for payment shall be of the essence.
3.5 Design Process Termination
The Design Process will terminate at the Design Process Completion Date as specified in the Formal Design Quote or at any time prior to the Design Process Completion Date upon receipt by the Company of a written request from the Customer. All liabilities for errors, changes, or alterations become the responsibility of the Customer after the Design Process Completion Date or prior date of termination.
3.6 Design Alterations
3.6.1 Converging Design Alterations
Notwithstanding "Standard Terms Clause 4.9" the Customer may request minor design alterations without charge prior to the agreed Design Process Completion Date providing the Customer gives clear and concise feedback and the alteration is reasonably determined by the Company in its sole discretion to result in convergence of the design process.
3.6.2 Diverging Design Alterations
If any design alteration requested by the Customer prior to the agreed Design Process Completion Date is reasonably determined by the Company in its sole discretion to result in divergence of the design process then the Company will quote separately for any work needed to complete the requested design alterations.
3.6.3 Design Alterations after the Design Process Completion Date
If design alterations are requested by the Customer after the Design Process Completion Date then the Company will quote separately for any work needed to complete the requested design alterations.
