Phone: (02) 9099 8025

Terms & Conditions

  1. AGREE
    These terms and conditions apply to our services and any content, information, text, images, photographs, or other items uploaded, downloaded, or appearing on them. You agree to these conditions as a legal agreement by using our services.

To define us, “we or our” means Sutherland Shire Web Design & SEO.

  1. Design
    We design for multiple devices and screen sizes. To avoid mocking up every template, we design them iteratively and mostly employ HTML and CSS. Colour, texture, and typography can reflect creative direction. We term it ‘atmosphere.’

You’ll get plenty of chances to critique our work. We’ll share a Dropbox, Google Drive folder, Github repository, or development site and talk daily by phone, Skype, or Slack.

You can end this contract and pay us in full if you change your mind about what you want delivered or are unhappy with our progress. No refunds are given for initial deposits.

  1. Content
    3.1 Text
    We don’t enter text or graphics into your CMS or create every website page unless agreed upon. Since we offer skilled authoring and editing, we’ll present a separate quote for fresh or input content.

Photos and graphics
You should provide editable vector graphics. You should submit high-resolution digital photos. If you buy stock photos, we can recommend libraries. We can provide a separate estimate for photo searching.

  1. Compliance
    4.1 Browser Test
    Browser testing no longer implies trying to make a website look the same on multiple browsers or devices. It means matching a user’s design experience to a browser or device’s capabilities.

The latest versions of Safari, Chrome, Edge, Firefox, and Opera are used to test our work. We won’t test outdated browsers without separate agreement. We can provide a separate quotation for an upgraded design for an older browser.

4.2 Mobile browser test
Testing on popular smaller screen devices ensures that a design’s experience matches the device’s capabilities. Our designs are tested in:

Safari and Chrome on iOS
Google Chrome for Android
Without prior agreement, we won’t test Opera Mini/Mobile, certain Android devices, or other mobile browsers. For testing with these, we can submit a separate estimate.

4.3 Ecommerce, accessibility, and other regulations compliance
In the countries where your business/market operates, the website and its content must comply with online trade rules.

4.4 Law and regulation compliance
Use our services solely as allowed by law. We are not liable for violations of accessibility, internet sales, or business or trade laws. We recommend separate legal consultation. If you violate these terms or application law, we may discontinue providing services.

  1. Wild assaults
    We take website security seriously, yet harmful attacks can happen. These are out of our control, and we may incur additional fees to fix malicious attack issues after completion.
  2. Tech support
    You may have professional hosting and administer it in-house; excellent. Our preferred hosting provider will be suggested if not. We can install your site on a server and install statistics software like Google Analytics for a separate estimate. Your server updates and management will be your responsibility.
  3. Search engine optimisation
    We don’t promise search engine rankings, but our pages are search engine-friendly and well-positioned. We may estimate specialised SEO or Adwords plans separately.
  4. Changes, revisions, cancellations
    8.1 EDITS
    Our goal is to allow you to change your mind. Our initial project estimates are based on the number of hours/weeks we anticipate we’ll need to complete all you’ve told us. We will revise concepts for you, but they are restricted. Maximum 3 modifications of your favourite design, unless otherwise mentioned. Work outside the scope will be charged individually. We’ll always notify you before adding fees.

8.2 Client Cancellation
‘The Client’ must pay for any work accomplished if the project is cancelled. Minimum cancellation fee: 50% of quote.

8.3 US CANCELLATION
When: We may instantly end our contract with you.

The initial scope of work has extended by almost 10%, yet you refuse extra charges.
Too slow to reply. Slow to respond is more than 30 days waiting for content, a brief, a modification, payment, final sign off, or general delays that stop development.
We consider the work unethical or against our policies.
You default on our payments or go bankrupt.

  1. QUOTATION
    We’ll deliver what we quote. We are happy to examine the scope of work if you need to add anything. We must follow the quote as closely as possible after you accept it. We can accommodate scope adjustments, but please note that this will likely effect production time and fees.
  2. Project delivery
    Our project plan and timeframe are estimates, but we are committed to not exceeding them. Teamwork and delays are part of our work. Please keep up; delayed decision-making or feedback might delay manufacturing and project completion.
  3. LIABILITY EXCLUSION
    We’ll work according to industry standards and as required of a skilled, experienced professional. We can’t guarantee our work will be error-free, so we can’t be liable to you or any third-party for damages, including lost profits, savings, data, or other incidental, consequential, or special damages, even if you’ve advised us. We shall completely indemnify you for intellectual property rights disputes related to our submissions.

Some jurisdictions offer implied warranties of merchantability and fitness for a certain purpose. To the extent authorised by law, we exclude any warranties and promises unless otherwise stated in these terms. Where liability cannot be excluded, our total liability for any claims under these terms, including implied warranties and guarantees, is limited to, at our option, the resupply of the services or (where applicable) repair or replacement or payment of the cost of doing so, or otherwise to the extent permitted by law.

Your liability to us will be limited to the fees payable under this contract, and you won’t be liable to us or any third-party for damages, including lost profits, lost savings, loss of data, or other incidental, consequential, or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract is invalid, void, or unenforceable, it shall be deemed severable and shall not impact the legality and enforceability of the other sections.

  1. IP Rights
    To clarify, “intellectual property rights” includes patents, rights to inventions, copyright (including 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, confidential information (including know-how), and any other intellectual property rights, whether registered or unregistered.

12.1 Web/graphic design
First, you promise to own or have rights to use all text, photos, and other artwork you give. You indemnify us against third-party allegations that we’re utilising their intellectual property when you supply text, photos, or other artwork to us.

We guarantee that we own or have authorisation to supply all aspects of our work to you. We cover you against third-party allegations that you are using their intellectual property when we send text, photos, or other artwork to you. If you’ve paid for the job and this contract hasn’t been ended, we’ll assign all intellectual property rights to you:

We develop your website/artwork and its graphic features, which you control. We gladly provide published files upon request.
Unless otherwise stated, you hold all intellectual property rights to your content, photos, site specification, and data.
Artwork/Source files are available upon request unless licenced. We can give editable ai, eps, psd, or indd files on request. Due to the time required to acquire and prepare files for delivery, we may charge extra.
You licence us to display our work assigned to you per paragraph 13.
We’ll keep any intellectual property rights we developed before or separately from this project and not paid for by you. We’ll hold the unique combination of these elements that makes up a full design and licence it to you exclusively and in perpetuity for this project, unless we agree differently.
12.2 Video production
After completion of any part or component of the Services and full payment of all fees or expenses, Sutherland Shire Web Design & SEO grants the Client a licence to use that part or component (a Work) for the term, territory, use or purpose set out in the Proposal, including any other limits agreed upon. Unless approved in writing by Sutherland Shire Web Design & SEO, the Client shall not use any Services or Work until the licence for it under this Clause commences. The Client may not alter or adapt the Work except as expressly stated in the Proposal or with Sutherland Shire Web Design & SEOs prior written consent, and Client must give Sutherland Shire Web Design & SEO the first option to complete the work before hiring a third party.

Sutherland Shire Web Design & SEO owns all rights, title, and interest (including copyright) in all work created or undertaken to produce the Services, including the Work, all underlying ideas, concepts, methods, and techniques, and any rights it may have in or to use third-party proprietary work or materials. For clarity, Sutherland Shire Web Design & SEO owns all masters, film, cassettes, and other source material.

We ask that you not share quotes and pricing with anyone without our consent.

  1. Showing our work
    We love to show off our work, thus we reserve the right to publish sketches, work-in-progress designs, and completed projects on our portfolio and in online, magazine, and book pieces.
  2. Payment schedule
    We know you appreciate how crucial it is for small businesses to pay our invoices on time.

Our invoices are electronic. Payment is due 14 days after invoice.

Note that all proposals are quoted in AUD and payments will be made at the conversion rate at the time of transfer if you are not from Australia. You agree to pay any international transfer fees.

Our electronic invoice will include bank account information. We retain the right to levy 5% interest on late debts either monthly or partially.

  1. Where’s all the awful small print?
    Like a parking ticket, we cannot transfer this contract without each other’s consent.

We both agree to follow all relevant laws and regulations related to our contract activities and not cause the other to go against them.

The language is simple, but the intents are serious, and NSW courts have exclusive jurisdiction over this contract.

Effective Jan 1, 2024

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