Last updated: 23/06/2025
1. About Us
These Terms and Conditions (“Terms”) apply to all services provided by Design Everywhere, operated by [Your Name], ABN [Your ABN] (“we”, “us”, or “our”). By engaging our services, you agree to be bound by these Terms.
2. Scope of Services
We provide professional design services, including but not limited to branding, website design, and related creative work. The scope, deliverables, and fees for each project will be confirmed in writing before work commences.
3. Payments
MVP Package: Full payment is required upfront before work begins.
Custom Website/Branding Projects:
50% deposit before commencement.
30% once the project enters the development stage in WordPress.
20% balance upon completion, prior to final handover.
All fees are quoted in Australian dollars and payable by the due dates specified on invoices.
4. Late Payments
If payment is not received by the due date:
Work may be suspended until payment is made.
We may withhold deliverables until the account is settled.
Interest may be charged on overdue amounts at a rate of 2% per month.
5. Refunds & Consumer Rights
We do not offer refunds for change of mind or project cancellation once work has commenced.
Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law. If our services are not delivered with due care and skill, are not fit for their intended purpose, or otherwise breach consumer guarantees, you may be entitled to remedies under the law.
6. Project Timelines
MVP projects: generally completed within 2 weeks, provided the client supplies all required content, assets, and approvals promptly.
Custom projects: completion will depend on scope and complexity. Estimated timelines will be provided before work begins.
Delays caused by the client (e.g., late provision of assets or approvals) may extend the timeline. We are not liable for such delays.
7. Intellectual Property
Final deliverables (e.g., completed website files, logo designs) become the property of the client upon full payment.
Working files, drafts, and design source files remain our property unless otherwise agreed in writing.
We retain the right to use completed projects, in part or in full, for case studies, portfolio display, and promotional purposes.
Nothing in these Terms affects our moral rights under the Copyright Act 1968 (Cth).
8. Client Responsibilities
The client is responsible for:
Providing accurate, complete, and timely information.
Supplying business assets (logos, copy, images, etc.) in agreed formats.
Reviewing and providing approvals at agreed stages.
We are not liable for errors or delays caused by inaccurate or incomplete client information.
9. Limitation of Liability
To the maximum extent permitted by law:
Our liability for any claim arising from our services is limited to the amount paid by the client for those services.
We are not liable for any indirect or consequential loss, including loss of profits, revenue, or opportunity.
We are not responsible for third-party failures (such as hosting outages, plugin errors, or third-party integrations).
Nothing in these Terms limits or excludes liability under the Australian Consumer Law.
10. Governing Law
These Terms are governed by the laws of Victoria, Australia, and disputes will be subject to the exclusive jurisdiction of the courts of Victoria.
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