Terms of Service

Application of these terms

These terms are an agreement between you, our client (“You,” “Your”), and We Are Web Design (“Us,” “We,” “Our”). By purchasing any of our services, You agree to be bound by the terms of services outlined on this page.

Payment for Web Design and other design work

You agree to make initial payment of either 50% (for smaller projects) or 30% (for larger projects) of the total quoted amount up front before We undertake any work.

If a smaller project is involved and a 50/50% payment structure has been agreed, You agree to pay the remaining balance once the website is live (in the case of web design) or once the design work is approved by You and is ready for delivery (in the case of other design work).

If a larger project is involved and a 30/30/40% payment structure has been agreed upon, You agree to make a second 30% progress payment once the project is two-thirds complete (as determined by Us). You agree to pay the remaining balance once the website is live (in the case of web design) or once the design work is approved by You and ready for delivery (in the case of other design work).

All work is guaranteed and We provide FREE SUPPORT for up to 60 days on our web design projects. This support only relates to the implemented work and does not include future changes, new design work or functionality upgrades.

In some cases, such as ongoing development projects, recurring progress payments will be required.

Please note, that a customised payment schedule will be made clear and agreed upon with You prior to Your project commencing.

Web Design Project Timeline Policy

Before purchasing our web design services, You will be provided with a timeline and projected project finish date for Your written approval. This can range from a few weeks to several months, depending on the size of the project.

You must then provide correct and final content, necessary feedback for timely project progression and design and functionality approvals by the dates specified in the mutually agreed timeline. If You do not do so and the project is delayed by more than one month, then You will be billed and You agree to pay an additional 10% of the total project cost.

Due to the fact that We work with many web design clients at once, jumping back and forth between projects adds a significant amount of hours to a project particularly with larger sites, sites with complex functionality and sites with eCommerce capability.

We’ve found from experience that Our web design projects go most smoothly for both Our clients and for Us when all content is provided up front and when feedback and approvals are provided in a timely manner. It’s all about building the momentum and delivering a great product to You!

Payment Methods

We accept EFT payments via internet banking from Australian clients. From Our international clients, We accept PayPal payments.

Refunds

Initial and progress payments will be refunded in full if no work has been undertaken by www.wearewebdesign.com.

If You are unhappy with the creative concepts provided in the initial phase of concept creation, We will charge You an hourly rate for the time taken to produce these. If these fees are less than the initial payment made by You, We will refund You the difference. If these fees exceed the initial payment made by You, we will invoice You for the difference. All creative concepts will be provided to You once payment has been made for them by You.

Otherwise, following initial concept creation, You agree to pay the full agreed amount for Your project, before we deliver the promised work. If You do not do so, then you agree that We retain ownership of all completed project work and can use it at Our own discretion.

Other than as set out above, We will only provide a refund if We are required to do so by law.

Design Processes, Revisions & Support

Website

Once the timeline and design concept have been agreed upon, We move into the build phase of Your project. Our process when building a website is to build out all agreed upon styles and functionality on the Home page first, then move onto other pages once You are happy with these style elements. The Home page design sets the tone for the entire website and includes such things as:

• Colours used
• Fonts used
• Button styling
• Types of images
• Icon design styles
• Page layout and structure
• Website function

We allow for up to 2 rounds of revisions on a Home page with our packages, this includes either brochure, membership eCommerce and other types of websites. From experience, We’ve found this amount of revisions more than sufficient.

Regarding brochure websites, on all internal pages, we allow for up to 1 round of revisions per page. We’ve also found this to be adequate, as most styling is set on the
Home page, so the changes to the internal pages are usually minimal and quickly approved.

On Membership, eCommerce websites and other more complicated websites, we allow for up to two rounds of revisions on internal pages, as these tend to be a little more complicated in structure, compared to brochure websites.

While We allow for a set number of revisions as described above, You are always free to request additional changes at any time. These will be charged as follows:

• We will make revisions within your set number of free rounds of revisions which involve changes to images, fonts, colours, button styling and icon styles
• We will make additional revisions beyond your set number of free rounds of revisions which involve changes to images, fonts, colours, button styling and icon styles, charged at our hourly rates.
• Layout design changes can also be made, provided they are not completely different to what was agreed upon in the original design concept. Depending on when they are requested, such changes will either form part of your set number of free rounds of revisions or will be charged at our hourly rates.
• If the entire page design needs to be changed, this would be considered a MAJOR REVISION and would be invoiced in addition to the initial agreed quote for the project. Depending on the amount of work, fees could vary. This would be quoted on a case by case basis.
• MAJOR REVISIONS are changes that require a significant amount of time to complete and may include such things as requesting a completely different layout and design, theme design or additional functionality to that initially agreed.
• We guarantee Our web design work and provide FREE SUPPORT for up to 60 days on all web design projects. This support relates to the implemented work and does not include FUTURE CHANGES, new design work or functionality upgrades.
• FUTURE CHANGES: Once Your site has been completed, future changes (whether minor or major) are chargeable time. Feel free to contact us for a quote.

Graphic Design

When creating graphic designs for a client, whether it be a logo, business card, brand concept, stationery, flyer etc., We will provide the number of concepts and revisions agreed to as part of our quote for that work.

Workshops

All of our workshops are currently ticketed through Sticky Tickets. Sticky Tickets maintain a strict no refunds policy, as per their terms of use agreement. If you’d like to discuss the suitability of your participation in one of our workshops prior to committing, feel free to get in in touch.

Communication Contact with www.wearewebdesign.com can be made via any of the following ways:

• Telephone
• Email
• Australia Post

Copyrights and Trademarks

Licences or other permissions to use any graphics, photos or design or other elements of Your website which are provided or sourced by You are Your responsibility and must be obtained by You. We are in no way liable or responsible for those graphics, photos, designs or other elements, nor any licences of permissions for their use (or lack thereof). When You provide artwork, graphics, photos, content or design or other elements for use on your site, You warrant that You have the right, licence, authority or other permission to use it. This includes without limitation that You must use royalty-free stock images or custom designed artwork where the original illustrator, photographer or artist has given you written permission to use their work on your site. This will also apply to artwork, graphics, photos or design or other elements We choose for You (and, for the avoidance of doubt, You must ensure you have relevant licences and permissions to use each of these elements of Your website or graphic design project).

Authorisation

As the customer, You authorise us to install any scripts, software or programs relevant to the web design project and to access Your account via either Your hosting control panel or external FTP. You agree to provide us with the login information and passwords necessary to access Your website. We take the storage, use and protection of your personal information seriously. Details of our privacy policy can be found here.

Credits & Usage

All graphics, illustrations, and layouts selected by You are intended to be kept whole as given to You by Us. Work done by Us for You must not be used, adapted or otherwise dealt with by anyone except You within the domain for which it was originally designed. All preliminary designs including graphics, layouts, etc., which are not selected by You, remain Our intellectual or other property and may be used in future projects for other customers.

We retain all rights to and You agree that We will display our work (including from Your project) in Our portfolios and advertising materials. You also agree that any email testimonial that You provide to Us may be posted on Our website or on social media.

Project Ownership

Ownership of final project deliverables designed by www.wearewebdesign.com will pass to You upon full payment by You unless otherwise specified. This does not include ownership of intellectual property rights in any code or software, which remain Our intellectual or other property or the intellectual or other Property of their respective owner(s) or licensor(s).

Cross-Browser Compatibility & Mobile Responsiveness

Our designs meet the standards that comply with the latest browser versions and We are not responsible for inconsistencies that may appear when older browser versions are used. We guarantee that any website We create will be responsive on all mobile devices and screen resolutions along with all versions of Microsoft Edge, Firefox, Google Chrome, and Safari current at the time of project delivery. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins, as this is beyond Our control. Compatibility is defined as all critical elements of each page being viewable in the current versions of these browsers at the time of project delivery. You acknowledge and agree that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in in order for the critical elements of each page to be viewable (whether at the time of project delivery in relation to certain users of Your website, or in future in relation to all users of Your website as these technologies change) and that these elements are beyond Our control.

Technical Support

We endeavour to provide quick and efficient technical support, responding immediately or within 24 hours to all outstanding requests, depending on the urgency of the matter. We may also be able to assist you in liaising with third-party hosting services. If required, we can provide access details for a web-based email interface, and the credentials for setting up POP3 connections with an email client (e.g. Outlook, Mac Mail etc). While we can offer much helpful information during set-up our pricing does not permit us to offer customised or personal technical support for any third-party software nor any issues with your internet browser settings.

If you require additional assistance outside of the FREE SUPPORT TIME supplied after the set-up of your website, additional “support time blocks” can be purchased. *FREE SUPPORT TIME: Please note we will supply 60 days of FREE SUPPORT TIME to You once Your project has been deemed complete and ready to launch by both Us and You. This support includes any and all bug fixes required for the website to look and function as agreed upon in the initial design brief. Any requests outside the original design brief will be regarded as new work and a quote will be provided for them. We currently bill $85.00 per hour for website maintenance and other services and also have more cost-effective maintenance packages available to clients that may need ongoing support, you can view these here.

If You or any third party makes any updates or changes to Your website, You agree that We are not responsible or liable for any content, updates, changes, or technical problems that arise as a result.

Hours of Operation

Our hours of operation are variable. We often work to project deadlines, so if the timing is critical then please discuss your requirements so we can agree on a mutually acceptable deadline that will work for You.

Project Consideration

We reserve the right to refuse any design work that We deem objectionable or We feel is just not the right fit. We will not accept projects that we find morally questionable, unethical, or distasteful.

Acceptance

By submitting Your payment for Our services, You agree to all of our Terms of Service as written here https://wearewebdesing.com/terms-of-service/. We review our Terms of Service on an ongoing basis, and as such we reserve the right to change them from time to time. Please refer back to this page to ensure you are familiar with its current content.

When we make any changes, We will provide you with electronic notice of those changes. By continuing to engage Us and by paying for Our services, You agree to all amendments. If You do not agree to the amendments, we ask that you please contact us.

Liability

Any service purchased from Us is provided ‘as is’ without warranty of any kind that the service will be uninterrupted or error-free. To the extent permitted by law, You agree that your use of our goods and services is entirely at Your own risk. To the extent permitted by law, We exclude all statutory or implied conditions and warranties and any other liability we may have to You or any third party that may arise under statute or at law, including without limitation:

• For breach of contract, in tort (including negligence) or under any other cause of action;
• For any direct, indirect, special, incidental, punitive, exemplary or consequential loss or damages; and
• Arising out of or related to the use of any service, graphics or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, or service interruptions caused by acts of God and/or nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages, loss or liability.

Where our liability under any condition or warranty cannot be excluded then to the extent permitted by law, We limit our liability in relation to the supply of goods as follows:

• Resupplying the goods; or
• The payment of the costs of having the goods supplied again.

Where our liability under any condition or warranty cannot be excluded then to the extent permitted by law, We limit our liability in relation to the supply of services as follows:

• Resupplying the services; or
• The payment of the costs of having the services supplied again.

Otherwise, to the extent permitted by law, You agree that Our maximum liability will be limited to the fees actually paid by You to Us, less any reasonable costs incurred by Us.

Indemnity

You agree to indemnify, defend and hold Us harmless against any liability to You or any third party for any claim, loss, damage or injury to persons or property suffered as a direct or indirect result of:

• Your breach of these Terms of Service;
• The use or misuse of Your website or other design project deliverable by You, Your agents, officers, directors, contractors or employees, or other third party users of your Website; or
• The content of your Website, including without limitation all images, music, graphics, design, content, text and all other elements.

Force Majeure

In the event of an event beyond the parties’ control such as a pandemic or other major health issue, theft, terrorism, earthquake, riot, civil disorder, flood, fire, storm or other major disasters, You and We agree that neither of us will be liable to the other for any loss or damage under this Agreement, We reserve the right to suspend Our performance of this Agreement in such circumstances.

Severability

The provisions of these Terms of Service may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws. If any portion or provision of these Terms of Service is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect

Entire Agreement

This document, together with the project quote(s), timelines and written project scope applicable to Your project (together, the “Documents”), embody the entire agreement between Us and You in relation to Your project, and supersede all previous agreements, understandings, negotiations, warranties and representations on the subject matter of the project. If the Documents are inconsistent with any other agreement between Us and You, the Documents prevail to the extent of the inconsistency.

Enforceability and Severability

If the whole, or any part, of a provision of this document is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of this document has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected.

Construction

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, this document or any part of it.

Governing law

This document is governed by the law in force in Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts for any proceeding in connection with this document, and waives any right it may have to claim that those courts are an inconvenient forum.