Are you a Web Design Client? Jump to the Web Design Agreement section.
Kylie May Garner trading as Kreatology ABN 63 889 329 872 (“Kreatology”) provides web-based hosting, marketing and design services including marketing, brand development, domain name registration, web design, web hosting, social media, copy righting and photography (“Services”). You, the client (“You”, “Your”, “Yours”) wishes to use the Services and have engaged Kreatology to provide the Services. Kreatology agrees to provide You with the Services on the terms of the Agreement.
Upon Your acceptance of the Services, You agree that You have entered into an agreement consisting of all quotes and tax Invoices issued to You by Kreatology and the terms below (collectively referred to as the “Agreement”).
1. The Services
1.1 General
(a) Kreatology will always endeavour to do its best to provide You with the Services in a professional, courteous and diligent manner. Kreatology’s ability to provide the Services is subject to Your timely cooperation and You agree to do all things reasonably necessary to ensure that Kreatology can meet its obligations in providing the Services to You.
(b) Where the Services include domain registration and/or renewals of Your domain name on Your behalf, Kreatology is responsible for attending to those renewals on Your behalf, subject to Your compliance with the terms of the Agreement and, in particular, Your payment obligations set out in clause 3.
1.2 Web design and web hosting
Where the Services include web hosting and/or web design, this clause 1.2 applies.
(a) On request, You will provide Kreatology with the usernames and passwords for the registered domains for the purpose of directing the name servers to Your websites. Kreatology will not use this information for any other purpose.
(b) If You choose not to provide the username and password and instead redirect the name servers Yourself, Kreatology reserves the right to charge a fee, at Kreatology’s hourly rates, for dealing with any issues that arise as a result including disruption, delays and corruption or loss of data.
(c) Where You choose not to use Kreatology to register Your domain names, You are responsible for registering and renewing Your own domain names. Kreatology is not responsible for and will not be liable in anyway whatsoever for any consequences that may arise out of You losing control of Your domain name.
(d) You may determine and change the appearance and functionality of the website from time to time but must not materially reduce the functionality or performance of the website during the provision of the Services, without giving prior reasonable notice to the Kreatology.
(e) You are responsible for all hardware, software and internet access required by You and Your personnel, to access the Website.
(f) Unless Kreatology has agreed to provide website data back-up as an additional Service, You are responsible for Your own website data back-ups at all times.
(g) Kreatology is in no way liable for any downtime, hacking or loss of data arising from Your or Your personnel’s use of the Services, including any installation of any software, script, applications or content on Your or Your personnel’s hardware.
2. Photography
Where the Services include photography, this clause 2 applies.
(a) Kreatology will provide the photography services to You for the purpose set out in the quote.
(b) The photographs are subject to copyright, which remains with Kreatology as the author and owner of the copyright in the photographs.
(c) The licence granted to You by Kreatology in accordance with this clause 2 is a worldwide, non-exclusive, non-transferrable licence and does not extend to any rights to copy, scan, reproduce, distribute, alter or modify the photographs without written permission from Kreatology, which may be withheld at Kreatology’s discretion.
(d) The licence granted under this clause 2 is subject to Your compliance with the Agreement and in particular, full payment being received in accordance with clause 3.
(e) Kreatology may use the photographs for promotional purposes only.
(f) Any request by You for a reshoot will incur a further Service Fee determined by Kreatology.
3. Service Fees and Payment
3.1 Service Fee
In consideration for Kreatology providing the Services to You, You must pay all fees (including disbursements) for the Services in accordance with any quote and any additional fees due for work provided outside the scope of the quote but in accordance with Your prior instructions (“Service Fee”)
3.2 Payment
(a) You must pay Kreatology the Service Fee on the payment terms set out in the tax invoice. Where no terms of payment are specified in the tax invoice, You will make payment within 7 days of receiving a valid tax invoice from Kreatology, unless otherwise agreed.
(b) You are liable for payment of all Service Fees and any disbursements or third party fees and charges incurred during the provision of the Services, as and when such fees and charges fall due.
(c) If the Service Fee or a portion of the Service Fee (eg, deposit) is not paid in full by the due date set out in the tax invoice, then Kreatology reserves the right to suspend, cancel or terminate all or any of the Services including Your website (without notice) until all outstanding payments have been received in full. Failure to pay a Service Fee in full by the due date is a fundamental breach of the Agreement.
(d) Where You wish to cancel a domain name registration or web hosting subscription (“renewal”), You must provide Kreatology with written notice within 7 calendar days of the renewal due date. If Kreatology renews the Service on Your behalf, You acknowledge and agree that You will be liable for full payment of the Service Fees including the subscription price in accordance with the relevant tax invoice. This clause 3.2(d) does not in any way limit the rights of Kreatology under clause 3.2(c). For the avoidance of doubt, this clause 3.2(d) does not place any obligation on Kreatology to attend any renewal or subscription fee or incur any costs on Your behalf where You fail to provide full and proper written instructions for the relevant Service within 7 calendar days of the renewal or subscription due date.
(e) Kreatology reserves the right to increase the Service Fee from time to time with 3 months notice.
3.3 Taxes
(a) Consideration under the Agreement excludes GST, unless expressly specified otherwise. Where GST is payable by an entity in relation to a supply that it makes under or in connection with the Agreement, and the consideration for that supply excludes GST, the party providing the consideration will pay an additional amount equal to the GST when any part of the consideration is first payable.
(b) Subject to clause 3.3(a), the Service Fee is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the Agreement. Without limiting the foregoing, You will be liable for any taxes, duties or charges imposed in connection with the Agreement, and will pay to Kreatology the amount of any tax, duty or charge imposed on Kreatology in connection with the Agreement.
(c) “GST” means the Goods and Services Tax levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4. Intellectual property
(a) The Agreement does not grant either party any rights, implied or otherwise, to the other’s Material, content or Intellectual Property Rights. As between the parties, You own all Intellectual Property Rights in Material provided by You to Kreatology and Kreatology owns all Intellectual Property Rights in the Services including all Material developed by Kreatology, , with the exception of any intellectual property comprised in any brands or logos developed for you in accordance with provision of the Services, which you will own outright.
(b) Kreatology grants You a non-exclusive, worldwide licence to use Kreatology’s Intellectual Property Rights and Material for the Services, to the extent necessary for You to use the Services in accordance with the Agreement. In addition, Kreatology grants You the exclusive right to use, register, assign or sub licence any trade mark developed by Kreatology for You.
(c) You grant Kreatology a non-exclusive licence to use Your Intellectual Property Rights and Material to the extent necessary for Kreatology to provide the Services.
(d) You are solely responsible for ensuring that You, Your personnel, related parties or any of Your licensees have all necessary rights and permissions to use, licence and register, as the case may be, Your Intellectual Property Rights arising from Services including the Material.
(e) You indemnify, release and hold harmless Kreatology from and against any claims or allegations of Intellectual Property Rights infringement or breach of any laws as a result of:
(i) Material provided to Kreatology by You or Your personnel; or
(ii) You or Your personnel’s use of the Services.
(f) “Intellectual Property Rights” means any and all intellectual and industrial protection rights throughout the world including rights in respect of or in connection with: confidential information; copyright; inventions (including patents); trade marks (registered and unregistered); and designs, circuit layouts, whether or not now existing, and whether or not registered or registrable and includes the rights to apply for the registration of such right and includes all renewals and extensions.
(g) “Material” means any material in any form such as artwork, online content, logos, instructions, terms and conditions, privacy statements or policies, brochures or other promotional material and includes any other works comprising Intellectual Property Rights that are used for the Services.
(h) The rights granted to You in this clause 4 are subject to all other rights and obligations set out in the Agreement.
5. Confidentiality
(a) Except where permitted by clause 5(c), each party will keep confidential and must procure that each of their respective personnel, professional advisers and attorneys keeps confidential, the existence of and the terms of the Agreement, all negotiations between the parties in relation to the subject matter of the Agreement, and all other information given to it under the Agreement.
(b) “Confidential Information” includes, but is not limited to, matters not generally known in the public domain, such as developments relating to existing and future products and services marketed or used or to be marketed or used, or rejected, by the disclosing party and persons dealing with the disclosing party and also information relating to the general business operations with the disclosing party.
(c) Nothing in the Agreement prevents a person from disclosing matters referred to in clause 5(a):
(i) with the prior written approval of the party; or
(ii) where the matter has come into the public domain otherwise than as a result of a breach by any party of the Agreement.
6. Liability and indemnity
(a) You acknowledge that Kreatology makes no representation or warranty regarding the Services. To the extent permitted by law, all express or implied warranties, representations, guarantees, statements, terms and conditions relating to Kreatology and the Services, not expressly set out in the Agreement, are excluded.
(b) To the extent that Kreatology cannot exclude consumer guarantees or terms implied by law, Kreatology’s total aggregate liability for any breach of those terms is limited at its option to:
(i) in the case of goods, either replacing or repairing the goods or paying the cost of replacing or repairing the goods; and
(ii) in the case of services, either resupplying the services or paying the cost of resupplying of the services.
(c) To the extent permitted by law and without limiting any other term of the Agreement:
(i) Kreatology’s liability to You and Your personnel, whether for breach of the Agreement, in tort (including negligence) or otherwise, is limited to the total amount of the Service Fee paid by You to Kreatology under the Agreement in the 12 months preceding the event giving rise to liability or $500, which ever is the lesser; and
(ii) Kreatology will have no liability to You or Your personnel, contractors or licensees for any loss of profits, loss of savings, loss of funds, loss of revenue, loss or corruption of data, or consequential, indirect or special loss.
(d) You agree to indemnify and hold harmless Kreatology, its personnel, contractors, and licensors, and their respective personnel from and against any and all claims and expenses (including legal fees) arising out of Your or Your personnel’s use of the Services or Your Website, including but not limited to Your breach of the Agreement.
6.1 Postponement or cancellation
Notwithstanding any other provision of the Agreement to the contrary, if You cancel or postpone the Services at any time during the Agreement, You are responsible for payment of all expenses incurred up to the date of cancellation or postponement, and You may also be charged 30% of Kreatology’s Service Fee. However, if notice of cancellation or postponement is given by You less than 1 business day prior to the provision or completion of Services, You may be charged up to 100% of the Service Fee. All fees charged in accordance with this clause 6.1 is at Kreatology’s discretion, acting reasonably.
7. Term and termination
7.1 Term
The Agreement commences from the date of Your acceptance and continues until it is terminated in accordance with clause 7.2.
7.2 Termination rights
Either party may terminate the Agreement, in part or whole, immediately by written notice to the other where the other party:
(a) ceases to operate its business or becomes subject to any form of insolvency or bankruptcy administration; or
(b) is in breach of the Agreement and, where the breach is capable of being remedied, has failed to remedy the breach within 7 days after being given notice requiring it to remedy the breach; or
(c) there is a serious breach of the Agreement including a breach of clauses 2(c) or 5.
7.3 Actions on termination
Upon termination of the Agreement:
(a) By Kreatology, all rights granted to You herein cease and You and Your personnel must immediately stop using the Services including use of any Material and Intellectual Property Rights of Kreatology.
(b) Your access to the Services will cease including any online accounts managed or hosted by Kreatology in relation to the Services.
(c) Each party will deliver up the other party’s Material to the respective owner within 7 days after termination.
7.4 Effect of termination
Termination of the Agreement will not affect the operation of clauses 1.2(g), 2(b), 3.2(b), 3.3, 4(e), 5, 6 or 7.3, 8 or any other clause expressed or intended to operate after termination or any rights or remedies already accrued to a party under, or in respect of any breach of, the Agreement.
8. General
8.1 Assignment
A party will not assign its rights under the Agreement without the prior written consent of the other party, which will not be unreasonably withheld.
8.2 Entire agreement
The Agreement constitutes the entire agreement between You and Kreatology in relation to its subject matter.
8.3 Compliance
(a) You will comply with all applicable laws, regulations and standards.
(b) Without limiting clause 8.3(a), You are responsible for ensuring that You and Your personnel comply with all applicable laws, codes of practice and policies governed by:
(i) ICANN, including but not limited to the “Registrants’ Benefits and Responsibilities” policy which can be viewed on the ICANN website (available at https://www.icann.org/resources/pages/benefits-2013-09-16-en or www.icann.org);
(ii) auDA, which can be viewed on their website at www.auda.org.au;
(iii) the Spam Act 2003 (Cth); and
(iv) any relevant social media sites (eg Facebook, Instagram, Pinterest, LinkedIn), the terms of which can be viewed on their respective websites.
(c) You indemnify, release and hold harmless Kreatology and its personnel for Your or Your personnel’s breach of any laws, regulations, codes of practice or policies.
8.4 Force Majeure
If a party is prevented from or delayed in performing an obligation by Force Majeure and promptly acts to mitigate or remove the Force Majeure and its effect, then the obligation is suspended during, but for no longer than, the period the Force Majeure continues and any further period that is reasonable in the circumstances. “Force Majeure” means an event beyond the reasonable control of the affected party, which occurs without the fault or negligence of the affected party.
8.5 Governing law and jurisdiction
The Agreement is governed by and construed in accordance with the law of Queensland and the parties submit to the jurisdiction of the courts of Queensland.
8.6 Parties’ relationship
The relationship between the parties is that of principal and independent contractor. Nothing in the Agreement will be taken as establishing You as an agent of Kreatology without the express written authority of Kreatology.
8.7 Severability
If any part of the Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of the Agreement.
8.8 Waiver
Failure or omission by a party to require strict or timely compliance with any provision of the Agreement will not affect any right of that party to remedies it may have in respect of any breach of a provision.
9. Interpretation
(a) In the Agreement, unless the context provides otherwise:
(b) A reference to personnel means a party’s officers, employees and agents.
(c) A reference to a person includes corporations
(d) Words including a singular number or word include plural numbers or words and vice versa; and words including a gender includes all other genders.
(e) A reference to a statute (eg, law or regulation) includes all amendments to that statute passed in substitution for that statute.
(f) Except for the purpose of identification, headings have been inserted into the Agreement for the purpose of guidance only and are not part of the Agreement.
10. Refund Policy
Unless otherwise stated, there are no refunds for digital products or services. Kreatology is not required to provide a refund if you simply change your mind
or discover a cheaper product or service elsewhere
Non Attendance
Refunds will not be provided for those who do not attend scheduled workshops or coaching appointments. Notice of cancellation must be made via email to hello@kreatology.com 24 hours prior and a credit given towards a future appointment. Appointments cancelled within 24 hours of the allocated time will be forfeited.
WEB DESIGN AGREEMENT
SUMMARY
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret.
What we do want is what’s best for both parties, now and in the future!
SO IN SHORT
You, the Client (“You”, “Your”, “Yours”) are hiring us Kreatology (“We or Us”) to Create a Website for the estimated total price set out in the Proposal or Tax Invoice as outlined in our previous correspondence. A description of the service and its inclusions is also outlined in your Proposal. Please ensure all your requirements have been documented in the Proposal.
Upon payment of your Tax Invoice, You agree that You have entered into an agreement consisting of all proposals, quotes and tax invoices issued to You by Kreatology and the terms below (collectively referred to as the “Agreement”).
Of course it’s a little more complicated, but we’ll get to that.
WHAT DO BOTH PARTIES AGREE TO?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule as outlined in the Proposal or Tax Invoice.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
THE NITTY GRITTY
Point of Contact
We will require one point of contact during the Project for clarifying requirements for design, key features, usability and maintenance issues. We require this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions) and to have authority to make design and related decisions on the system.
Client Responsibilities
You are responsible for providing content, changes and revisions to us in a timely manner. Any content should be submitted to us within 2-4 weeks from Project Commencement. Any feedback during the “Change & Revisions” rounds should be submitted to us within five (5) business days of receipt of the draft. Any delays incurred may extend the project deadline.
Client Delays
In fairness of our ability to complete this project within the agreed project timeframes, any delays by you will result in a day-for-day extension of the due date for all Deliverables. Should the project reach the six (6) month mark, the original quoted price is void. If you wish to continue with the project, a new quote will be required which you are welcome to accept or reject. If rejected, our cancellation and refund policies apply.
Design
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have a plenty of opportunities to review our work and provide feedback during the Design Phase. In the case of a custom Website Design project, we will create a Draft Design for your review and feedback with two (2) rounds of changes included in the project. In the case of a the Basic WordPress Theme package, we will assist in choosing a suitable Theme and create a homepage design based on the theme.
Any feedback within these rounds, should be submitted within five (5) days upon receipt of the Draft Design. Any delays incurred may extend the project deadline.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
A note about “design” as a concept. What is considered a “professional” or “quality” design is relative to each individual based in their own tastes and design experience. Our designs are based on the latest trends and standard with a careful balance of function and “conversions” for marketing purposes. In order for us to achieve your “vision”, it is important that you’re clear in articulating what that visions is. We realise sometimes this can be difficult! Providing examples of other websites and brands you love helps with this process, but please also be aware that we will use these examples to guide the design. So please only supply examples that truly represent the standard and vision you have.
And a final note about photos! Photos can make or break a design. Poor quality photos will ultimately affect the standard and professionalism of your final design. Please be aware we cannot work magic on low quality, blurry iPhone images or happy snaps. Your design will only be as good as the photos you provide, so we HIGHLY recommend having professional photos taken or sourcing high quality stock imagery. Please let us know if you would like a referral to a photographer or help sourcing stock imagery.
Content
It is your sole responsibility to provide all content (text and images) for the website package you have chosen, unless agreed separately and as part of the project. All content submitted must be FINAL and complete. The Development Phase of the project will not commence until all content has been provided.
We are not responsible for inputting any new content or images or creating new pages on your website outside the scope of your projects inclusions. We can provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.
Any website content falling under the category of a “Post” is the responsibility of the Client, not Kreatology, to input. Posts include, but are not limited to blog posts, product listings, staff bios, individual project listings and testimonials. We will input one post in each category if the content is provided, otherwise an example post will be inserted for testing purposes. We will show the Client how to input such posts in a written manual.
Graphics & Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
HTML, CSS and JavaScript
We deliver web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviours.
Browser Testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge) and Mozilla Firefox. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile Browser Testing
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in the current version of iOS Safari and Google Chrome Android.
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
Technical Support
If you have chosen to use our Web Hosting Services, we offer troubleshooting support for hosting, email or other services relating to hosting. We will ensure your website is backed up daily, is monitored for “Up-Time” and it is secured agains hacking attempts.
If you have chosen another web hosting company we don’t offer support for website hosting, email or other services relating to hosting for that company. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
Search Engine Optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines. If you would like to improve your search engine rankings, we can provide a separate estimate for that.
Changes & Revisions
Please take special note of this section. Included in this project are two (2) rounds of changes once the website has been built. Any changes to the design, text, images, functionality (within the scope of the project) need to be made within these two rounds of the project. We will send you an email once the website is ready for your review and clearly indicate that it is a “Change & Revision” round. Any changes need to be provided via our feedback tool “Project Huddle” within five (5) working days. No changes will be excepted via email, Facebook Messenger or any other means other than Project Huddle.
However, we don’t want to limit your ability to change your mind. The price outlined in your Proposal or Tax Invoice is based on the amount of work required in order to accomplish everything you’ve told us you want to achieve within a certain amount of time. It allows for two (2) round of “Changes & Revisions”, but we’re happy to be flexible! If you want to change your mind or add anything new outside of the “Change & Revision” process, that won’t be a problem. BUT we will need to provide a separate estimate for those additional changes at $150 per hour.
To minimise any additional costs and delays to your project, we recommend taking the time within those “Change & Revision” Rounds to thoroughly review the website and outline any changes required. And remember, once your website is live and the handover is complete, you will have complete freedom to make any further changes.
Changes & Revisions include design and technical bugs; broken links; minor / incidental design changes and minor text changes that need to be corrected prior to launch (eg incorrect details, facts, phone numbers). Any text changes that aren’t essential for launch, can be made by you after handover. As the website is built from the ground up based on your “Approved Design”, change requests that deviate from the agreed design will incur an additional cost and an extension of the agreed deadline.
Project Completion
The project is considered complete 30 days after the new website goes live. A final invoice may be issued after the website is live and before the 30 days if all final changes and revisions have been completed.
Warranty Period
Any bugs or errors reported within 30 calendar days of the website going live will be fixed without any fee. Any bugs or errors reported 30 calendar days after the final payment has been made will be billed on an hourly basis at $150/hour.
Legal Stuff
Ok, brace yourself for the serious legal stuff :)
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Phew! Glad that’s out of the way.
Intellectual Property Rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
Oh my! That was a mouth full.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying Our Work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
Payment Schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight the payment schedule as outlined in the Proposal or Tax Invoice.
We issue invoices electronically. Our payment terms are seven (7) days from the date of invoice via Credit Card or direct bank transfer. All proposals are quoted in Australian Dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our Tax Invoice. We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this Agreement is governed by and construed in accordance with the law of Queensland and the parties submit to the jurisdiction of the courts of Queensland.
