Project Management Terms
- Additions: means any additional costs to the total project added due to any changes made by You to the project brief.
- Amended proposal: any alterations, changes or amendments made to the original proposal, including project costs.
- Business Days: days of the week excluding Saturdays, Sundays, and national, state and local public holidays.
- Contract: shall comprise any or all of the following: Proposal (design proposal), Proposal (design contract), Proposal (terms and conditions of trading & client agreement). All these documents shall be read together to form the contract.
- Design Credit: appropriately worded credit and/or link and/or logo referring to 2020 Digital Design as the designer and/or developer of the project.
- Due Date: shall be the date identified in the Proposal.
- Intellectual Property: means 2020 Digital Design’ industrial and intellectual property rights in the nature of inventions, discoveries and novel designs, patents, trademarks, and copyright in any works, whether or not registered or registrable under any relevant legislation including the Designs Act 2003, Patents Act 1990, Trade Marks Act 1995, Copyright Act 1968 and or any other Australian / International Intellectual Property laws.
- Project: means but is not limited to: consultation with the client or any third parties in relation to the project, research, planning, sketching, briefing, setting up accounts, design work, programming work, administrative functions, copywriting, and/ or the provisions of referrals, information or other resources requested by You.
- Content: individual elements of the project, including but not limited to text, images, content and/or other materials to be included in the website.
- Project Cost: shall be referred to in the Proposal.
- Payment Plan: means the payment plan detailed in the Proposal, if applicable.
- Design Proposal (“Proposal”): shall be the document marked the Proposal which will detail the scope of the project and design work to be performed and any costs involved in such work.
- You: refers to the Client.
At the onset of a project, 2020 Digital Design will provide a written estimate or quotation. With approval or indication to proceed, all work is carried out by 2020 Digital Design on the understanding that the client has agreed to 2020 Digital Design’s fee estimate(s), operating procedures and Terms & Services, and will make payment accordingly.
Design or Printing Project Duration
Any indication given by 2020 Digital Design of a design or print project’s duration is to be considered by the customer to be an estimation. Creativity and production doesn’t always happen within a specific time allotment. Efficiency begins with the client having supplied correct strategic assumptions, a properly defined scope of work, and provided all required assets. All concepts, ideas, and strategies must be communicated to 2020 Digital Design before the start of production in order to be considered during the project process.
When all client supplied content, assets, and information are received in proper format and reviewed, a project becomes active and a timeline is usually outlined. If we are experiencing high demand, your project will be scheduled for the next available time slot. Depending on complexity, an initial draft is usually ready in 3-15 business days, and each round of revision is usually returned within 1-5 business days. Clients are expected to participate in prompt decision-making and/or providing of additional input, usually within one business day. If a client causes a delay it will result in an extension of the project’s final deadline. 2020 Digital Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that deposit funds are cleared, or written or oral approval provided, and all content necessary to begin is received. Illness, injury or other events beyond control, such as technological troubles, theft, fire, and Acts of God are rare but do occur and may result in a delay of unpredictable length.
The customer agrees: that changes, or work required above the estimated scope will be liable to separate charge; and 2020 Digital Design holds no responsibility for amendments made by a third party, before or after a design is published.
The designer shall make every effort to ensure the final product is free of errors before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no informational, visual, legal, grammatical, and spelling errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors after the final product has been approved by the client and/or committed to publication.
- Excluding programming code and/or software not owned by 2020 Digital Design, and otherwise in public domain, ownership of the final website, functioning as a whole, will be transferred to You upon final payment.
- 2020 Digital Design shall retain all Intellectual Property rights to the preliminary, developmental and final artwork, designs and processes of the creation of the web project, not the actual website itself, as a whole, which will transfer to you upon final payment.
- Copyright of all software and programming code in code form, designs and individual components of the project remains the property of 2020 Digital Design or its respective owners in the public domain as may be the case.
- Stock photos purchased on your behalf for your project, by 2020 Digital Design, are licensed to us only. You do not have any rights to use, modify or distribute these images, outside of its original intended use in the project/website. We cannot transfer any license of images and you do not have any rights to use, modify, distribute or sell them.
- All development files are and will remain the property of 2020 Digital Design under all circumstances and 2020 Digital Design is under no obligation to release these files to You at any time.
- Any discarded concepts and ideas remain the property of 2020 Digital Design and must not be used by You under any circumstances unless purchased separately.
- You represent to 2020 Digital Design and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork and/or content furnished by You for inclusion in the website to be designed by 2020 Digital Design are owned by You, or that You have obtained permissions from the rightful owner to use each and any of these elements, and You further agree to indemnify 2020 Digital Design and its subcontractors from any claim, action or court proceeding arising from the use of such elements furnished by You to 2020 Digital Design.
- Should 2020 Digital Design, or You supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright-‐ and royalty-‐free, which subsequently emerges to have such copyright or royalty usage limitations, You agree to allow 2020 Digital Design or authorise a suitably qualified third party to remove and/or replace the file on the site.
Ownership, Copyrights, And Trademarks
Copyright of all creative work is retained by 2020 Digital Design including words, pictures, ideas, visuals, and illustrations unless specifically released in writing or after all costs have been settled. Upon completion and full payment for services provided, client owns all rights to creative. 2020 Digital Design retains rights to use the completed project and any preliminary designs for the purpose of marketing its business. Where applicable, the client will be given any necessary credit for usage of the project elements. If a choice of design is presented, only one solution is deemed to be given by 2020 Digital Design as fulfilling the contract. All other designs remain the property of 2020 Digital Design, unless agreed in writing that this arrangement has been altered. By supplying text, images, and other data to 2020 Digital Design for inclusion in the project’s scope or medium, the customer declares it holds the appropriate copyright and/or trademark permissions, and grants 2020 Digital
Design permission to use this material freely in pursuit of the project goals. Ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by 2020 Digital Design on behalf of the customer, will remain the property of 2020 Digital Design and/or its suppliers, excluding logo design in which full copyright will be passed to the client upon receipt of full payment. The customer may request in writing from 2020 Digital Design the necessary permission to use materials (for which 2020 Digital Design holds the copyright) in forms other than for which it was originally supplied, and 2020 Digital Design may, at its discretion, grant this.
Such permission must be obtained in writing before use of any of the aforesaid artwork, images, text, or other data. 2020 Digital Design reserves the right to charge fees for additional usage. Should 2020 Digital Design, or the customer, supply an image, text, audio clip, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow 2020 Digital Design to remove and/or replace the file. The customer agrees to fully indemnify and hold 2020 Digital Design free from harm in any and all claims resulting from the customer not having obtained all required copyright, and/or any other necessary permissions.
Rights of Refusal
2020 Digital Design will not include in its designs any text, images, or other data which it deems immoral, offensive, obscene or illegal, and reserves the right to refuse to include submitted material without giving reason. All advertising material must conform to standards laid down by relevant advertising authorities.
Any design, copywriting, drawing, idea, or code created for and by 2020 Digital Design or any of it’s contractors, after being paid in full by the client is licensed for use by the client on a one time only basis and may not be modified or re-distributed in any way or form without the express written consent of 2020 Digital Design. Where there is risk that another party may make a claim, all design work should be registered with the appropriate authorities, and legal advice sought as to its use, prior to publishing or first use by the client. 2020 Digital Design will not be held responsible for any and all damages resulting from such claims. 2020 Digital Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold 2020 Digital Design responsible for any such loss or damage. Any claim against 2020 Digital Design shall be limited to the relevant fee(s) paid by the customer.
Warrant of Originality
2020 Digital Design warrants its work as original and not previously published but does not warrant that a design the same as or similar, but of which it was not aware at the time of its creation, does not exist. If for some coincidental reason a logo or design by 2020 Digital Design looks identical to another party’s logo or design, we will provide a free redraw session.
Cancellation or Abandonment
In the event of cancellation of the project, which must be made in writing, ownership of all copyrights and the original artwork shall be returned and retained by 2020 Digital Design, and a fee for work completed over and above the non-refundable deposit, based on contract price and expenses incurred plus a $500 kill fee, shall be paid by the client. A project will be considered abandoned if 2020 Digital Design has received no response, contact, or activity from the client for 30 consecutive days, or if a project has been inactive for 90 consecutive days, unless prior written agreement has been made between parties. A fee for work completed over and above the non-refundable deposit, based on contract price and expenses incurred plus a $500 abandonment fee, shall be paid by the client. Client will not have any rights to use any of the work presented by 2020 Digital Design, unless or until the project has been paid in full.
For new clients, payment will be 50% deposit due upon project acceptance with balance due upon project completion. For established clients, payment will be 100% due upon approval to produce, or project completion. Payment is accepted in cash, credit card, Stripe or DDR only and must be received within agreed terms. In certain situations, and upon agreeance by 2020 Digital Design and client, payment plus all applicable fees may be made through PayPal. Payment in full is required prior to artwork being sent to print.
An account shall be considered default following a returned check or if an invoice remains unpaid 15 days past invoice due date. A 5% late payment penalty plus a $50 service charge per month is payable on all balances due past 15 days. 2020 Digital Design shall be considered entitled to remove 2020 Digital Design’s and/ or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers, and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay 2020 Digital Design reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms & Services.
All work delivered to the client should be considered accepted unless the client notifies 2020 Digital Design to the contrary within a period of seven days after completion or delivery. Claims for defects, damages, or shortages must be made by the client in writing, and 2020 Digital Design will attempt to repair, correct, or redesign any work that does not conform to project specifications in order to make it acceptable to the client.
During the term of this Agreement, The Company agrees and understands that it may have access to documents, data, or other information, some or all of which may be confidential and/or privileged from disclosure whether or not labelled or identified as “Confidential.” The Company shall hold the confidential and/or privileged information in confidence and shall not use the same other than for the purposes of its business with The Client, and shall disclose it only to its officers, directors, or employees with a specific need to know the said confidential information.
The Company shall not disclose, publish or otherwise reveal any of the confidential and/or privileged information received from The Client to any other party whatsoever except with the specific prior written authorisation of The Client. Confidential and/or privileged information furnished in tangible form shall not be duplicated by The Company except for purposes of this Agreement. Upon the request of The Client, The Company shall return all confidential and/or privileged information received in written or tangible form, including copies or reproductions or other media containing such confidential and/or privileged information within five (5) days of such request. This section shall survive notwithstanding the termination of this Agreement.
The customer agrees to allow 2020 Digital Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to 2020 Digital Design’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow 2020 Digital Design to include all designs on 2020 Digital Design’s website and for portfolio, publicity and demonstration purposes.
The Client recognises that The Company providing services under this Agreement does so non-exclusively and that The Company may perform similar services for other persons, companies and organizations and this Agreement shall not prevent The Company from using such personnel for the performance of such similar services for such other persons. The Company likewise recognizes that The Client may engage other consultants to perform similar services from time to time, and this Agreement shall not prevent The Client from using such consultants, for so long as it does not violate other statutes or attachments to this Agreement.
The agreement covers the pricing, volume and nature of work as defined in the attached exhibits. Both parties understand and mutually agree that due to the influence of changes to search engine algorithms, no warranties except for work volume fulfilment, quality and work originality are guaranteed by this agreement.
In Order to facilitate the work of Reputation Management, it is imperative that the Company be provided the credentials to web properties owned by the client. In addition to this, On-Page recommendations must be implemented in the first 30 days of every Campaign. The company does not warrant the effectiveness or lack thereof of performance if the On-Page recommendations it sets forth in accordance with this agreement are not implemented or whole implementation is not facilitated.
SEO, Social Media, and Digital Marketing is an ever-changing environment. We are a company that prides itself in A-B Testing all our proprietary processes before they are implemented on client sites. Despite our testing, the industry is heavily driven by the algorithm developed by Google, Facebook and other technology companies. We do not warrant our work from negative performance that are driven by algorithm changes.
Warranties on Human Error
In order to retain a natural feel and behaviour to our strategy, many of our activities are people-intervened, and therefore it is impossible to remove human error from the process. We strongly commit to high Quality Standards and therefore set your expectations at a 1% human error rate. Should there be questions arising due to the quality or volume of work, we would be more than happy to correct the situation and address the error and complete the fulfilment. Your active participation and vigilance in monitoring the quality of work is not just appreciated, but integral to our mutual success.
CMS Based Website Projects
We will test all our mark-up and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Google. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Edge for Windows. We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5,6, 7, and 8 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing. All sites we build are multi-platform responsive (They display dynamically depending on the browser size of the device). Your website will not display identically across different devices. We warrant that all functionalities will exist across all tablets, smartphones and PCs (with the exception of proprietary browsers on specific devices like the Blackberry).
Digital Millennium Act
The Digital Millennium Copyright Act ("DMCA") of 1998 endeavours to balance the interests of internet service providers and copyright owners when copyright infringement occurs in the digital environment. The DMCA protects internet service providers from liability for copyright infringement by their users, if the internet service provider meets certain statutory requirements. 2020 Digital Design shall assume that the copyright of all the images you provide either belong to you or are royalty free. 2020 Digital Design shall assume no liability in the event of intellectual property rights infringement including, but not limited to images and content.
2020 Digital Design makes no warranties of any kind, express or implied, and will not be held responsible for any and all damages resulting from products and/or services it supplies. 2020 Digital Design reserves the right to use the services of sub-contractors, agents, and suppliers and any work, content, services, and usage is bound by their Terms & Services.
- 2020 Digital Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
- 2020 Digital Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
- 2020 Digital Design will not be held responsible for any and all damages resulting from products and/or services it supplies.
- 2020 Digital Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. You agree not to hold 2020 Digital Design responsible for any such loss or damage.
- You agree that 2020 Digital Design is in no event liable for any loss of profits, loss of sales, costs of damage or costs associated with business interruption as a result of any services 2020 Digital Design offers You
- The website and/or software is provided 'AS IS', without warranty of any kind. No written information or advice given by 2020 Digital Design shall create a warranty.
- We do not warrant that the website and/or software will be uninterrupted or error free or that defects in the software will be corrected. Should the website and/or software be defective YOU assume the entire costs of all necessary servicing, repair or correction.
- Any claim against 2020 Digital Design shall be limited to the relevant fee(s) paid by the client.
- 2020 Digital Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Services.
- 2020 Digital Design and You will not knowingly perform any actions to contravene these Terms and Services.
These Terms & Services supersede any previous Terms & Services distributed in any form. 2020 Digital Design reserves the right to change any rates and any of the Terms & Services at any time and without prior notice.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. 2020 Digital Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Jurisdiction/ Governing Law
This Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Queensland and all appellate Courts.