Terms of Service

WEBSITE

• The contents of this website are protected by International Copyright Law. Copying, editing, reproduction, reattribution or redistribution of any of its content including but not limited to text or images, in whole or in part is strictly prohibited.
• Weber Design Studio assumes no responsibility for failure to read and comply with the terms and conditions specified herein.

CONTENTS

• 1. Introduction
• 2. Glossary
• 3. Responsibilities
• 4. Our Services
• 5. Payment Policy
• 6. Legal

1. INTRODUCTION

At Weber Design Studio, we will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong.

In this document you won’t find a lot of complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do, however, want what’s best for the safety and peace-of-mind of both parties, now and in the future.

2. GLOSSARY

Here are some commonly used terms you will come across throughout this service agreement::

• Additional Work
  Extra work that we carry out if you need to change or add something that wasn’t part of the original quote or estimate of work.
  
• Business Day
  A day on which banks are open for general banking business in the State or Territory in which the service provider operates.
• Graphic Design
  Any work that we do involving the creation and layout of text, images and other graphic elements for print or electronic media.
• Minor and Major Revisions
  Minor revisions are typically included. If you need to make a major change to something we have designed, our hourly design rates will apply.
• Project Brief (Scope of Work)
  The project brief is incorporated into the initial quote documentation and explains the scope or extent of work which will be carried out.
• Remittance Advice
  When you pay an invoice, we kindly ask that you notify us via email or even SMS that you have sent us an electronic payment. This helps us to track payments and apply them to your account. Your online banking facility may also allow you to send an automatic Electronic Funds Transfer Receipt as proof of the transaction. Our easy-to-use online account manager allows you to track and manage all of your invoices from us.
• Responsive Web Design (RWD)
  A modern approach to website development aimed at providing a better user experience for website users across both desktop and mobile devices. Responsive websites utilise a fluid-grid system to dynamically adapt the layout for different screen sizes and resolutions on smartphones, tablets and desktops. The use of RWD also has positive SEO implications, greatly improving visibility in Google searches made from mobile devices.
  
• Royalty Free
  Royalty free resources grant us the legal right to use copyrighted material or intellectual property without paying recurrent royalties or licensing fees.
• Rush Fees (Priority Work)
  If you have an urgent design request requiring faster than normal turnaround (i.e. short deadline or weekends), we offer a priority ‘rush’ design service. Our standard Rush Fees are an additional 30-50% on top of the project total or base rate. For example, a design project which is normally $120 would be $180 with a 50% Rush Fee applied.
• Stock Photography
  These can be professional photographs, illustrations or video of common places, landmarks, nature, events, people or objects that are purchased and sold on a royalty-free basis and can be used and reused for commercial design projects. Photos are always extremely high quality and suitable for use on just about any type of project.
• Web Design
  The design of website user interfaces, typically followed by Website Development.
• Website Development
  This is where the magic happens! We use industry standard HTML, CSS, JavaScript and other web-based programming code to craft stunning, functional websites for the internet.
• WebKit
  WebKit is the software platform or ‘software engine’ used by a number of modern internet browsers for displaying web pages on both desktop and mobile devices..

3. RESPONSIBILITIES

By engaging the services of Weber Design Studio, you confirm that you have the legal authority to enter into this contractual agreement on behalf of your company, and agree to our terms of service.

You agree to provide us with all necessary materials required to complete the project including text, images and/or other information as needed, and in the appropriate format i.e. electronic or hard copy.

You also agree to supply all materials, review all work, provide feedback, sign-off approval and payment in a timely manner. Both you and Weber Design Studio are bound by any deadlines that are agreed upon, whether verbal and written. Whilst we will endeavour to meet all agreed deadlines, we may not be able to meet these deadlines if you are late in supplying materials or have not approved or signed off on work in a timely manner at any stage of your project.

Sometimes, unanticipated delays may occur. We will maintain regular contact with you throughout the creative process to review progress and discuss if changes are needed.

4. OUR SERVICES

RATES

Except where fixed pricing is indicated, the following hourly rates apply. Rush Fees apply to all urgent design requests. Please note that no GST is applicable.

• Initial Consultation - $100 Flat Fee (Maximum 1 hour)
  The initial consultation fee is payable at the time of consultation. This covers our time and travel for a maxium 1-hour meeting to discuss your project needs. This fee is deducted from the the final project cost if you elect to proceed with the provided quote. An additional call-out fee may apply depending on your locality.
• Graphic Design - $70 / hour
• Web Design - $90 / hour
• Copy / Content Writing - $90 / hour
• SEO Services - $110 / hour
• Rush Fee / Priority Work30-50% additional to the total

Any additional work which is outside the scope of the initial project brief may be subject to our standard hourly design rates. Changes may be suggested by Weber Design Studio, or communicated by you in writing. No additional work will be undertaken without prior written or verbal authorisation from you. Final determination of what constitutes minor and major revisions is at the discretion of Weber Design Studio.

GENERAL

All standard graphic and web design services exclude the following, unless otherwise indicated:

• Logo Design (with the exception of Branding/Corporate Identities)
• Copy Writing
• Stock Photography Licensing
• Font Licensing
• Printing and Finishing Services
• Responsive Web Design
• Search Engine Optimisation
• Domain Name Registration, Web & Email Hosting and SSL Certificates
• Ongoing Maintenance and Updates
  

GRAPHIC DESIGN

Weber Design Studio will supply a minimum of one, and up to a maximum of three, concept designs, either as specified in the project brief or as otherwise agreed to in writing. If further designs are required, these may be requested at additional cost. Once a concept design has been selected, you will have the opportunity to make up to two rounds of minor revisions for development into one final design.

Graphic Design services encompass projects for print, screen or other visual communication media, except Web Design & Development. This includes but is not limited to corporate identity design such as logos, business cards, letterheads and other corporate stationery items as well as flyers, brochures, booklets, reports, posters and banners.

WEBSITE DESIGN & DEVELOPMENT

All websites are tested for design and layout consistency in the latest versions of modern internet browsers including those based on the WebKit software engine (Mozilla Firefox, Google Chrome, Internet Explorer and Safari). Out-dated or abandoned browsers such as Internet Explorer versions 5-8 will not be tested.

Ongoing maintenance and updates will be carried out only on request (as needed), and billed at the applicable standard hourly rate for web design.

Responsive Web Design is not included as standard in website packages but may be purchased as an optional upgrade. Pricing for RWD integration is calculated based on overall site design and complexity, as well as the ratio of information required to be displayed to mobile users compared to desktop users.

SEARCH ENGINE OPTIMISATION (SEO)

Search Engine Optimisation (SEO) involves analysing, modifying and optimising a website to maximise its online presence and ranking in Search Engine Result Pages or SERPs. SEO improves the visibility of your website to search engines like Google, Bing and Yahoo! for commonly used search terms or keywords. Optimisations and SEO strategies may include but are not necessarily limited to:

• Server Error Checking
• Google Webmaster Tools Account Setup
• Metadata Optimisation
• Heading Tag Analysis and Optimisation
• Keyword Density Checking
• Content/Copy Writing
• HTML/CSS Clean-Up
• Submissions to online directory services (i.e. TrueLocal, Google MyBusiness, etc.)
  

All SEO services are subject to the following terms and conditions:

• Costing for SEO services is calculated at a flat hourly rate of $110/hour. Pricing takes into account the number of pages on your site as well as the optimisations requested for implementation.
  
• Whilst the SEO strategies and optimisations we employ are based on tried-and-tested methods of improving search engine ranking and performance, Weber Design Studio is unable to guarantee a ‘First page on Google’ listing. Overall results can vary considerably from one website to another and we cannot provide any guarantees or assurances as to the effectiveness of any SEO strategy. A number of variables can influence the effectiveness of an SEO campaign such as the quantity, quality and relevance of website content, level of overall competition in your market segment or unforeseen changes to search algorithms (methods or processes used by search engines for locating and displaying relevant results in web searches).
• Google provides the following important information regarding SEO on its website forum:
  

  “Beware of SEOs that claim to guarantee rankings, allege a "special relationship" with Google, or advertise a "priority submit" to Google. There is no priority submit for Google. In fact, the only way to submit a site to Google directly is through our Add URL page or by submitting a Sitemap…”
  - GOOGLE SEARCH CONSOLE HELP FORUM

• Our Google Search Console setup service allows us to do exactly that – we submit either individual URLs (page links) or sitemaps (a listing of all the pages on your website) directly to Google so that your website is more readily accessible to search engines.

• SEO is an ongoing process which requires considerable time and commitment from all parties. Effective results can only be achieved with perseverance through regular monitoring, analysis and optimisation over a period of several weeks or even months. Some businesses may see improvements within 3-4 weeks whereas others may require several months of ongoing SEO work before positive results are observed. We utilise a number of resources including Google Search Console, Google MyBusiness, Google AdWords and Google Analytics to actively track and measure website performance.
  
• Weber Design Studio will NEVER employ ‘black-hat’ (underhanded or unethical) SEO techniques under any circumstances to improve search engine rankings.
  
• Link-building strategies are strongly discouraged as these can negatively impact efforts to improve your search visibility.

DOMAIN NAME REGISTRATION, WEB & EMAIL HOSTING AND SSL CERTIFICATES

Weber Design Studio does not provide web hosting services and is unable to offer technical support for domain name registrations, web hosting, email hosting or SSL certificates. If you require setup and management of these services, we can arrange this on your behalf through our preferred IT partner, Sydney Onsite Computer Services. All billing for these services is handled independently by Sydney Onsite Computer Services.

STOCK PHOTOGRAPHY

Royalty Free Stock Photography licensing is not included in the final cost of design or development unless otherwise specified in electronic or other correspondence supplied by Weber Design Studio. Any stock photos which are required will be invoiced separately and charged on a per-image basis.

FONT LICENSING

Fonts are governed by a strict single-user license agreement. Weber Design Studio is bound by this licensing at all times and maintains ownership of any licensed fonts utilised in the production of your project. Although we are unable to supply a copy of these font files to you, we can outline or ‘flatten’ fonts to preserve their appearance for print or PDF output. If you require a copy of the fonts for your own use, Weber Design Studio can provide links to purchase a single-user license from an authorised font foundry such as MyFonts www.myfonts.com or Typekit www.typekit.com

PRINTING & FINISHING SERVICES

Weber Design Studio does not provide direct printing services. All supplied pricing on our design services excludes printing costs and other finishing services including but not limited to digital or offset printing, mounting, laminating, binding and guillotining/trimming. Coordination of printing and finishing services through third parties is available on request. Full upfront payment prior to commencement of print production is required.

5. PAYMENT POLICY

PAYMENT TERMS

Payment of invoices is subject to the following terms:

• Full payment is due at the completion of service, within 7 calendar days of the invoice date. No exceptions.
• A minimum 50% upfront deposit applies to all regular design work including Corporate Identity Design, Print Design and Web Design services, unless otherwise specified, or where alternative arrangements have been agreed to in writing by both parties.
• For design work exceeding 4 calendar weeks, a progress payment of 50% of the remaining balance is required each month with all outstanding monies payable upon completion/delivery.
• Full payment is required upfront on all printing quotes before printing can commence.
• No goods will be exchanged until payment for all services rendered has been received in full and cleared (where relevant, i.e. Direct Deposit.)
• Accepted methods of payment are Cash, Direct Deposit or Credit Card. All credit card payments attract a 2.5% surcharge.
• Weber Design Studio is unable to accept personal or business cheques. Credit (on account) is not offered under any circumstances.
• For Direct Deposit payments, please forward Remittance Advice to Weber Design Studio (details provided on supplied invoice).
• Late payments will incur a surcharge of $15.00 per week additional to the invoice total, and payable within 7 calendar days of the payment notice.
  

FAILURE TO PAY

Failure or refusal to pay for services rendered, including any incidental late payment fees, may result in immediate termination of service at the discretion of Weber Design Studio and the matter being referred to the appropriate agencies for retrieval. You will be responsible for any legal costs incurred by Weber Design Studio in recovering the debt.

In exceptional circumstances, there may be a legitimate reason for being unable to pay for services rendered by the due date. If you are unable to make payment within our standard 7 day invoice terms, please contact us immediately.

6. LEGAL

COPYRIGHT & INTELLECTUAL PROPERTY

You guarantee that any text, graphics, photos, documents, designs, trademarks, or other resources that you supply to us for use on your project are either owned by you, or that you have permission to use them from the respective owner or copyright holder. Weber Design Studio will not be liable to you or any third party for damages arising from the use of any such materials, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of the possibility of such damages.

Once final payment has been received in full, copyright is automatically assigned as follows:

• You own the graphics and other visual elements (excluding source files) that Weber Design Studio creates for your project. A copy of these files may be supplied to you on request at no cost.
• You also own text content, photographs and other data supplied by you, unless someone else maintains copyright ownership of these.
  
• Weber Design Studio owns the XHTML markup, CSS and other code used in Website Development and this is licensed to you for use on this project only. You may not add to, remove, duplicate or otherwise modify or on-sell any of the content created by us.
• Weber Design Studio maintains intellectual property rights over any native source files used in creating the final design and is not required to supply or transfer ownership of these. If you require a copy of the native files used on the project (including electronic files, rough sketches, concepts or other conceptual artwork), these may be requested at additional cost.
• Weber Design Studio reserves the right to display and link to your completed project as part of our portfolio and to write about the project on websites and in other relevant printed or electronic media. Please advise us immediately if you do not wish for your project to be publicised.

COPYRIGHT RELEASE

In exceptional circumstances Weber Design Studio may issue signed notification of copyright release. This signifies that the client accepts full rights to freely modify and distribute the work without express consent from Weber Design Studio. The release explicitly absolves Weber Design Studio of all current and future liabilities to the project.

PRIVACY AND CONFIDENTIALITY

Weber Design Studio agrees to maintain confidentiality of all supplied materials until such time that this information may be legally released into the public domain at the time of delivery. At no time will Weber Design Studio release information to any third parties without express written consent from you.

TERMINATION OF SERVICE

At any time, either party reserves the right to terminate service, provided that seven business days’ notice is communicated in writing. Weber Design Studio is not required to observe this notice period if you fail or refuse to pay for services rendered. Upon termination of service, all work completed to date must be paid in full as per the standard terms of payment. No further written or verbal correspondence will be entered into.

DISCLAIMER

If any clause or part thereof of this agreement is void, illegal or unenforceable, it may be severed without affecting the enforceability of all other provisions detailed in this agreement. The proprietor, Weber Design Studio, reserves the right to re-issue this legal document for the purposes of clarification or legal compliance.