BRANDING MADE EASY.

BRANDING MADE EASY.

Terms & Conditions

WHAT DO BOTH PARTIES AGREE TO DO?
As our client, you have the power to enter into this contract on behalf of your company organisation. You agree to provide us with everything necessary to complete the project including logo, text, images, link(s) to social media, hosting credentials, domain credentials, email credentials and any other information we request as we need it, and in the format we require. We wish to avoid any delays. Delays work both ways and you as well will be bound by any dates / timelines that we set out in this agreement. You also agree to adhere to the payment schedule outlined in this agreement.

We have the experience and the ability to perform the requested services and will carry out our work in a professional and timely manner. We cannot be held responsible for a missed website launch date or deadline if you’ve not provided all content and/or revisions on time.

01. TIMELINE
Our estimated time required to complete your website is stated on your website project proposal, and is determined from your official project commencement date. We will commence the work after we have received a signed contract and the non-refundable initial deposit payment of 50%. Please also keep in mind that we rely on you and your team to provide us with necessary assets (including but not limited to website text, photos, social media, products, services, pricing etc.), and approvals in order for us to work on your website, and to avoid impacting your website launch date.

02. ERROR REVIEW
We provide you with a 7 day window from the date of website migration to your live domain for error review. This does not include new website revisions, but errors that may have occurred during migration. It is your responsibility as the client to review your website during this time and point out any errors that need to be corrected. Any website issues or errors acknowledged after the 7 days, will be charged at our hourly rate of $150 AUD.

03. MIGRATION OF WEBSITE
Once the project deliverables have been approved, we require full payment of your remaining balance before migrating your website onto your hosting. From the time the website is completed and ready for launch, you have a maximum of 30 days to provide us with your hosting and domain information. If that information is not provided, there’s a possibility the website will be removed from our server without notice. Extensions can be provided upon written request.

04. RECOMMENDED HOSTING
We recommend utilising one of our monthly hosting and maintenance packages (outlined below)
in order to ensure we are able to maintain the professional website that we have created for you.
Bronze (2GB) = $29 | Silver (5GB) = $49 | Gold (10GB) = $69 | Platinum (15GB) = $89

If utilising an alternative hosting provider, you are responsible for the management and maintenance of your hosting and domain at all times. Newy Design Co is not responsible for hosting services provided by an alternative provider.

05. RECOMMENDED DOMAIN REGISTRY
1 Year of domain registration is included in all builds (if the client does not already have a domain name). When renewing your domain name, we strongly recommend utilising one of our domain registration options (outlined below) in order to ensure we are able to manage and quickly and efficiently action any DNS alterations required at future dates.
1 Year = $40 | 2 Years = $70 | 3 Years = $100 | 4 Years = $125 | 5 Years = $160

If utilising an alternative domain provider, you are responsible for the management and renewal of your domain at all times. Newy Design Co is not responsible for domain services provided by an alternative provider or any errors due to failure to renew your domain(s).

06. BROWSER FUNCTIONALITY
All websites are tested on current Safari, Chrome & Firefox internet browsers. We do not guarantee that your website will work the same on every screen, and may appear differently differently due to varying screen resolutions and aspect ratios.

07. WEBSITE PROJECT PROPOSAL
We’ve prepared the this agreement inline with your approved project proposal based on everything that we have discussed, including any correspondence via email, in-person conversations or phone calls / text messages. We are only responsible for the items that have been outlined in the development specifications (Schedule 1) of this document and directly correlate to your project proposal. Items not included in this project proposal or the development specifications (Schedule 1) are not part of this project nor have they been included in the project cost / quote / invoice.

08. ADDITIONS
We Please review the Development Specifications (Schedule 1) and if you have any additional feature requests, changes in tasks, changes in deliverables or any scope modifications, beyond what was agreed and signed off on in the original website proposal, additional billable time will be incurred to you as the client at our hourly rate of $150 AUD per hour.

09. REVISIONS
As outlined in your project proposal, This project includes 2 initial concept revisions and 3 hours of revision time within the final client approval stage. Should you request any additional revisions beyond what is included, or that exceed the allocated timeframe, you will receive an email notification from us requesting confirmation that you wish to proceed with said revisions and agree that you will be billed at an hourly rate of $150 AUD per hour. After we have received written confirmation, we will then proceed with additional changes & revisions.

10. ALLOWANCES
You are responsible for the cost of any external paid assets. This is including but not limited to third party plugins, stock images and premium fonts. In addition, we cannot be held liable for the functionality of any third party plugin or software, recommended or otherwise.

11. EXCLUSIVE DESIGN CREDIT
We are extremely proud of each and every website project that we complete and reserve the right to apply the text “Website Designed & Developed By Newy Design Co” on your website. Should you wish to remove this credit, a fee of $400 AUD will be billed. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “Website Designed & Developed By Newy Design Co” will be visibly displayed on your site acknowledging design credit.

12. PAYMENT SCHEDULE
All Like a parking ticket, this agreement is non-transferable and non-refundable. The initial deposit does not constitute a credit, and therefore cannot be used toward our other services. You are accountable for the full balance of the agreed fees as outlined in Schedule 2 of this document whether you decide to complete the website or not.

13. LIABILITY
Newy Design Co will do everything possible to build you an amazing website, but we accept no liability for your sales, revenue and/or the success fo your website/business directly, indirectly or consequentially.

COMMENCEMENT OF WORK
The Client agrees to provide written approval of the quote/proposal before any work is commenced, as a Letter of Agreement between The Client and Newy Design Co concerning the work outlined in this submission.

PAYMENT & FEES FOR SERVICES
The Client agrees to pay any invoiced amount within 7 days of receipt of an invoice. It is agreed that the fee for service shall be the cost estimates provided. A deposit of 50% of the total project cost will be invoiced at the commencement of the project, the remaining 50% will be invoiced upon completion of work and prior to hand over or exchange of finalised files and/or proceeding to manufacturing / production of goods. If the work time exceeds 4 calendar weeks in duration, Newy Design Co may elect to invoice, and The Client agrees to make payments by, monthly invoices based on the work done to date.

ALTERATIONS
Unless otherwise stated, creative and design work include 2 initial concepts and 2 rounds of revisions. Newy Design Co will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.

EXCESS WORK & AUTHORS ALTERATIONS
Excess work is defined as any work involving additions to the list of items and/or any work undertaken that exceeds the work outlined in the quote/proposal. AAs are defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client. Excess work and AAs will be charged in 30 minute increments at the current agreed rate of $120 inc. GST.

LIABILITY
It is agreed that all work and materials provided for The Client by Newy Design Co will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others. Newy Design Co will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.

PROJECT CANCELLATION
It is agreed that the project may be cancelled by The Client by written notification. Should The Client breach this agreement or our standard 7 day payment terms, Newy Design Co also reserves the right to cancel the agreement by written notification. Newy Design Co retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.

CONFIDENTIALITY
The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Newy Design Co to be a competitor of Newy Design Co. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers, printing companies and garment decorating companies that offer design services.

COPYRIGHT
Unless otherwise stated in the quote/proposal, it is agreed that Newy Design Co will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote/proposal. If Newy Design Co offers to release intellectual property and the Client agrees to pay the proposed Copyright fee, Newy Design Co will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.

Newy Design Co always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and portfolio/marketing materials.

AMMENDMENTS TO TERMS & CONDITIONS
Amendments to these terms and conditions must be made and mutually agreed to, prior to the signed approval of the quote/proposal by The Client. Agreed amendments will be rewritten into a new quote/proposal by Newy Design Co, and the document re-submitted to The Client for signed approval.

Contact a Newy Design Co representative for further information.