With the commencement of your association with Vulpine Design as your web designer, it is deemed that you abide by all the Terms of Service mentioned on the Vulpine Design website. The following statements are the standard terms and conditions that are put forward by Vulpine Design, and are applicable on all work I undertake for my customers where a deposit has been taken.
1. Definitions
1.1. “Vulpine Design” refers to Sarah Edwards, operating under Australian Business Number (ABN) 85 579 762 060.
1.2. “Customer” or “Client” refers to the person or party engaging with Vulpine Design who has or intends to purchase the services I provide.
1.3. “Design Request” or “Job” refers to service(s) provided by Vulpine Design to the Customer, where a deposit has been paid and labour has commenced.
1.4.”Draft” refers to a Design Request that is currently in progress, which will occasionally be demonstrated to the Customer for their ongoing approval and feedback.
1.5. “Final Draft” refers to a completed Design Request, awaiting approval from the Client.
1.6. “Website” refers to an online web page.
1.7. “Domain Name” refers to the registered internet address belonging to the Customer.
1.8. “Web Hosting” refers to a type of internet hosting service that allows individuals and organizations to make their website accessible via a Domain Name.
1.9. “Questionnaire” refers to a survey sent to the Client by Vulpine Design to be completed, and the answers from the survey are used to generate the Client’s website.
1.10. “Revision” refers to an additional task performed after the Job has been completed, usually but not exclusively for correcting information on a Website.
1.11. “Stock Image” refers to the supply of photographs, graphics, or other media which is licensed for use on a Website.
1.12. “Logo” refers to an image to represent the Customer’s brand on its Website only; which is provided as part of the Design Request in this context.
2. Payments, Deposits, and Refunds
2.1. A $50 (including GST) deposit is payable after a Design Request has been received by Vulpine Design before I commence the Job. The terms of the deposit are as follows:
2.1a. The deposit may be paid using payment methods outlined in section 2.2 of these Terms of Service (Payments, Deposits, and Refunds).
2.1b. The deposit may be refundable under section 3.1 of these Terms of Service (Cancellation Policy).
2.1c. The deposit will be deducted from the final invoice of the Design Request.
2.2. All payment transactions between Vulpine Design and the Client must be carried out through PayPal only. Payments made using cheques, cash, I.O.U.’s, bank transfers, or credit card transactions without the use of PayPal as a medium will not be accepted.
2.3. The Design Job will remain in a ‘Final Draft’ status until the remainder of the invoice (with the deposit deducted from the total) is paid. This means that the Website we have created will not be available to the public via the Customer’s Domain Name until the Job is considered ‘complete’. This is in line with section 4.1e of these Terms of Service (Job Status Timeline and Turnaround Periods).
3. Cancellation Policy
3.1. The Customer is entitled to withdraw their Design Request up until the Design Request is in its Final Draft status, and will receive a full refund of any invoices paid as part of that job.
3.2. Where a Design Request has been withdrawn, a cooling-off period of 30 days is applicable; thereafter the Client accepts that any website content created for them by Vulpine Design may be deleted at any time after the cooling-off period.
3.3. Vulpine Design reserves the right to withdraw from a Design Request and end the Customer relationship at any time for any reason.
3.4. All cancellations are subject to section 2.1 (Payments, Deposits, and Refunds) of the Terms of Service.
4. Job Status Timeline and Turnaround Periods
4.1. The status of a confirmed Design Request should proceed along the following timeline:
4.1a. First, the Design Request is sent as an enquiry to Vulpine Design via email. Then, Vulpine Design will confirm the job if we believe it is within our capability. We are unable to guarantee the request will be accepted.
4.1b. Vulpine Design will then send a deposit invoice to the Customer. Vulpine Design will not commence any work on the Customer’s Website without the deposit (section 2.1 of the Terms of Service).
4.1c. Once the deposit invoice is paid, Vulpine Design will respond to the Customer via email to send any applicable Questionnaire(s) required to complete the Design Request.
4.1d. Vulpine Design will intermittently contact the Customer after completing a Draft of each part of the Website for feedback. A Final Draft will be presented when each part is finished.
4.1e. The Design Request will be considered fully completed once the Final Draft is viewed and approved by the Client, and the Website has been placed on their own Web Hosting service.
4.2. The 2-week ETA (“Mouse” package) and 3-week ETA (“Mammoth” package) as stated on the Vulpine Design website commences only once all of the relevant Questionnaire(s) have been completed by the customer and received by Vulpine Design. These are only estimates and are subject to our coordination and cooperation with the Client.
4.3. When accepting the Final Draft and/or paying the remainder of any invoices, the Customer accepts the Design Request to be completed.
4.4. The relationship between the Customer and Vulpine Design will end after three (3) months have passed since the Final Draft was accepted. This extended relationship period allows for Revisions to be requested (subject to section 6 of the Terms of Service).
5. Customer Feedback and Collaboration
5.1. During the Draft status of a Design Request, Vulpine Design will contact the Client (subject to part 8 of the Terms of Service) to request feedback on the work that has been completed so far. The Client has a responsibility (subject to part 8.2 of the Terms of Service) to raise any concerns or changes they would like to be made to their website. Vulpine Design reserves the right to:
5.1a. Reject any proposed changes that may be outside of our skill level or profession; or
5.1b. Discuss and apply the requested amendments; or
5.1c. Continue with the current Draft version where the Client has not responded to the request for feedback.
5.2. If the Customer does not provide any feedback on any specific part of the website before the Job is completed, that part of the Website will be considered as accepted by the Customer.
5.3. Any remarks or amendments to the Website after the Final Draft has been approved will be considered a Revision (see section 6 of the Terms of Service).
6. Revisions on Completed Design Requests
6.1. The customer may request a Revision to their completed website within three (3) months of their Job’s completion at no extra cost, up to two (2) times where the Mouse package was purchased, or three (3) times where the Mammoth package was purchased.
6.2. A Revision task is intended to correct or add details to any pages on the Website, and new pages cannot be created under a Revision. Some examples of how a Revision may be used include, but are not limited to:
- Correcting spelling or grammatical errors;
- Writing new information on the Website’s pages;
- Uploading new media to the Website’s pages;
- Adding new users to the WordPress website.
6.3. Revisions can only be completed if Vulpine Design is granted an Administrator role and access to the Client’s WordPress.
7. Ownership Of Intellectual Property Rights
7.1. It is the responsibility of the Client to supply Vulpine Design with licensed information and/or materials, or obtain all the necessary authorities, consent, and rights with respect to the use of logos, images, content and any other material that is utilized in the scope of the project.
7.2. Vulpine Design must be held harmless from any accountability, legalities, or claims related to the information and materials on the website which were provided to us via the Questionnaire(s) or any other means.
7.3. Where Stock Images have been provided, the Client accepts that:
7.3a. The content used is free from royalties but under any circumstances cannot be copyrighted by the Client; and
7.3b. The content used does not belong to the Client; and
7.3c. The content used cannot be used for any purpose that is not displayed on their Website.
7.4. Where a Website Logo has been provided, the Client accepts that:
7.4a. The Logo used is free from royalties but under any circumstances cannot be copyrighted by the Client; and
7.4b. The Logo used does not belong to the Client; and
7.4c. The Logo used cannot be used for any purpose that is not displayed on the Client’s Website.
7.5. Vulpine Design may request in writing to display the Client’s completed Website on our Portfolio page. The Client retains a right to decline this request.
8. Communication
8.1. All communication between the Customer and Vulpine Design will be done via email. The only exception to this is where a “Mammoth” package has been purchased, where the Customer is entitled to two (2) consultations over the phone at a date and time best suited to all parties.
8.2. Both the Client and Vulpine Design are expected to respond to correspondence within a reasonable frame of time, and accept that any delays in responding to communication may postpone the completion date of the Job.
8.3. Vulpine Design may continue to work on the Design Request where the Customer has not responded to a request for feedback, and the Customer accepts that there will be other opportunities to provide feedback before or during the Final Draft.
9. Fees and Services
9.1. All pricing listed on the Vulpine Design website, quoted in any emails, or on any invoices, is in Australian Dollars (AUD).
9.2. All pricing listed on the Vulpine Design website, quoted in any emails, or on any invoices, is inclusive of Goods and Services Tax (GST).
9.3. The Client accepts that the fees outlined on the “Packages” page of the Vulpine Design website are ‘base’ costs only, and does not account for:
9.3a. Any additional services requested before or during the Job; and
9.3b. Any other labour requested by the Customer, that is not listed as a service on the Vulpine Design website.
9.4. The Client accepts that Vulpine Design may add or remove items from the final invoice of the Job, and this may differ from the cost displayed on the Vulpine Design Website.
10. Disclaimers
10.1. Vulpine Design declares that it is not the intellectual owner of any images, graphics, WordPress Plugins, or any other components of the Client’s Website.
10.2. The Client acknowledges that Vulpine Design holds no responsibility for maintaining the Client’s Website or its content after the Design Request has been completed. This includes – but is not limited to – updates or changes that may occur to WordPress Theme(s) or WordPress Plugin(s).
10.3. The Client acknowledges that Vulpine Design is not responsibly for any changes that may occur to their Website once the relationship ends.