Website Design, Graphic Design, Printing on Gold Coast

In the following Terms and Conditions, Twilite Design Studios is referred to as "TDS", and the client is referred to as "the client".

1. Amendments

TDS reserves the right to change this document at any time, at which time a notice will be posted on the TDS website advising of date of such changes. The following Terms and Conditions of Service apply to all products and services provided by TDS.

2. Acceptance of Terms & Conditions

All work is carried out by TDS on the understanding that the client has read, understands and agrees to be bound by TDS Terms and Conditions. Payment received and/or contract signed signifies the client's acceptance of these Terms & Conditions.

3. Quotations

Upon requesting a quote, the client will be sent a written confidential proposal in electronic format. The proposal will outline the costs for services requested, and will include an estimated time-frame of delivery.
All proposals are valid for 14 days only, and are subject to change should the scope of requested project change, or if more resources are necessary to complete the project than originally anticipated. Any changes to quotes will be in consultation with the client.

4. Project Acceptance

The written proposal supplied by TDS will outline any required fees and costs that must be paid prior to work commencing on the project. Payment of the required booking or commencement fees signifies the clients acceptance of TDS's Terms and Conditions. Once payment is received, a contract to complete the work exists.
Should the required fees not be received by TDS within the above-mentioned 14 day period, the proposal is considered null and void. Should the client still wish to continue with the project, a new proposal will be supplied by TDS.
Due to high-demand, TDS sometimes accepts work on a booking basis. This is a "First come, first served" arrangement and in order to confirm your booking, a non-refundable deposit of 20% of the quoted project costs will become immediately due to secure the booking at the quoted price.

5. Briefs and Changes to Projects

Once the project proposal has been accepted, the client is required to submit a final, authoritative Project Brief outlining the total project scope. This document encapsulates and includes the Web Design Brief, Logo Design Brief, Copywriting Brief, Custom Programming Brief and/or other briefs as required to define the project. These documents will be used as the primary source of information during the development process, and become the base upon which the whole project rests.
Should any of the above-mentioned briefs supply information that differs to or contradicts information supplied by the client during the initial quotation process, TDS reserves the right to alter the project costs and time lines appropriately in consultation with the client. TDS retains the right to decline to carry out any work not detailed in the original authoritative Project Brief, without giving reason.
Should the client wish to alter the description or nature of the project, the client will submit a written request to TDS to provide additions to the project, or modify the scope of the project.
After receipt of this request from the client, TDS shall provide the client with a written statement ("Change Brief") setting forth:

After submission of a Change Brief to the client, the client shall accept or reject it in writing within 5 business days. If the client fails to accept the Change Brief, the original unmodified Project Brief shall remain in effect.
Once the client accepts the Change Brief, the change brief becomes part of the authoritative Project Brief.
TDS retains the right to decline changes outside of the original project scope, without giving reason.

6. Deadlines and Delivery Dates

TDS shall use commercially reasonable efforts to meet all project schedules and requested delivery time frames agreed upon in the Project Brief. Such scheduled dates and delivery time frames in all cases represent estimates or targets only, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates.
The client agrees not to hold TDS liable for any consequential losses associated with project delays, for any reason.

7. Design

During the design process, it is expected that the client will work with TDS to reach the results outlined in the project briefs. This includes providing timely feedback on creative presented, as well as a willingness to clarify and elaborate on details as required. The client must at all times work with TDS to achieve the outcomes specified in the Project Brief.
Ownership of the final components supplied by TDS in fulfillment of the Project Brief is only transferred to the client upon final payment of all outstanding fees and costs. Any discarded concepts, ideas, designs and/or code remain the property of TDS, and must not be used by the client under any circumstances, unless purchased separately.
The client grants explicit permission for TDS to use above-mentioned final components for self-promotional purposes.
While TDS takes all care to ensure error-free documents and designs, it is the clients' responsibility to notify TDS of any error or omissions prior to finalization of the account. Changes after finalization of accounts will incur a separate fee.

8. Project Completion

A project is deemed complete when the requirements detailed in the authoritative Project Brief are fulfilled by TDS. Project Acceptance is otherwise implied by;

9. Warranty

TDS agrees to provide at no cost to the client reasonable technical support during a warranty period of 7 days after delivery of any website project. Such assistance shall not exceed 2 hours. This support shall not include additions to the website, or text changes.
Support and maintenance beyond the above provision will be chargeable at TDS's standard maintenance rates, as per section 10.

10. Maintenance

TDS agrees to provide the client with reasonable ongoing maintenance on above-mentioned website project for an hourly fee of $125 per hour + GST for a period of 3 calendar months after the last day of the Warranty Period.
After the above-mentioned 3 calendar month period has elapsed, TDS agrees to provide the client with reasonable ongoing maintenance on above-mentioned website project at TDS's standard hourly maintenance rates at the time the clients' request is received or a monthly maintenance contract can be entered in to.
In all cases, TDS will provide an estimate of fees upon the maintenance being requested by the client, and work will only commence upon the Client's expressed acceptance of the estimated fees.
TDS calculates maintenance fees based on 30-minute blocks, and will invoice the client for such fees on a monthly basis. Payment of said fees shall be made in accordance with section 11 of these Terms & Conditions.
Maintenance is only available for completed websites hosted on the TDS servers. For modifications to a project-in-progress, please refer to section 5. "Briefs and Changes to Projects" above.

11. Payment Terms

Prior to commencement of any design or programming, a non-refundable commencement fee of 50% of the project costs is due.
During periods of extremely high-demand, TDS accepts work on a booking basis. This is a "First come, first served" arrangement, and in order to confirm your booking, a non-refundable booking fee of 20% of the quoted project costs will become immediately due.
For all projects exceeding $1000, a non-refundable progress payment may be required from time-to-time during the design and/or development process, at the discretion of TDS.
Progress payments are generally in 20% intervals. Should the client be issued with a progress payment invoice, the amount is payable before further work is performed on the project and due within 7 days from the date of the invoice.
Generally, payment terms are structured as below:

Publication and/or release of work performed on behalf of the client by TDS may not take place before cleared funds have been received - except in the case of a pre-arranged payment plan agreed to in writing by TDS.
Any booking fees or progress payments are non refundable under any circumstances.

12. Payment Plans

A $199 + GST setup fee is applicable to all payment plans
Payment plans are available for websites only, unless otherwise agreed in writing by TDS.
Only available for projects over the amount $2000.00
50% of website cost is payable prior to website "go live"
Payments are deducted weekly from Client's bank account / credit card by nominated third-party transactions starting one week after design commence.
Client is responsible for payment of transaction fees.
Payment plans are generally over a 4 month (16 week) period unless otherwise arranged and agreed to in writing by TDS.
If the scheduled amount cannot for any reason be collected from your account as per the pre-arranged schedule, you must contact TDS at least 7 days prior to the scheduled debit date.
Should a collection attempt be made and funds are not available, you will be charged an administrative fee of $40 + GST per attempt at collection where funds are not available.
Changes to any payment plans must be requested in writing and directed to accounts@twilitestudios.com, or via mail.
In the even that your payments are unable to be collected from your account for any reason on the agreed schedule, TDS reserves the right to suspend services, withold files, and pause or cancel any project, completed or otherwise, without giving notice.

13. Paying your Account

Unless otherwise stated in writing by TDS, Client shall pay all amounts due under this Agreement within 7 days from the date of TDS's invoice. Payment is accepted by Direct Deposit, Credit Card, Cheque, Cash or BPAY. Credit card payments shall be made via MYOB as stated on the bottom of all TDS's invoices. In the case of payment plan, a third-party processor will be contracted by TDS to process and deduct all payments in accordance with the terms and conditions of the third party.

14. Late payments & Default

Accounts which are not paid within 7 days will incur a late fee of $25 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur a late payment fee of $25+ GST, plus an additional fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 21 days from the date of invoice, unless prior arrangements have been made. TDS shall at it's sole discretion suspend any and all services provided to the client by TDS or it's subsidiaries (including but not limited to hosting, websites, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of it's obligation to pay the due amount.
Clients whose accounts are in default agree to pay TDS reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

15. Project Cancellation

Once a Project Brief has been agreed to by the client by way of confirmation of a deposit, and by TDS by written acceptance of the Project Brief, a binding contract to complete the project exists. Work may only be cancelled or amended with the agreement in writing of TDS. In any event, the cost of all work (or part thereof) performed by TDS for the Client, whether used by the Client or not, will be invoiced and must be paid for. All work will be billed at the hourly rate of $110 per hour + GST not to exceed original quote. "Work" is defined by, but not limited to the following:

TDS reserves the right to withhold files and designs from a client in the event of cancellation, until such time as all outstanding invoices for work performed by TDS has been paid for. The client is expressly prohibited from using any files, designs, or intellectual property supplied by TDS for any purpose until such time as all accounts have been settled in full, or as otherwise agreed to in writing by TDS.
TDS reserves the right to terminate a contract without giving reason.
In the event of cancellation, TDS will retain all deposits and payments made up until the time of cancellation regardless of work done, and may issue an invoice for any work carried out over and beyond the amount already paid.
Cancellation of your project with TDS does not dissolve your obligations to TDS under these Terms and Conditions.
Payment of cancellation fees are due within 7 days from the date of cancellation notification.
A project is ONLY deemed cancelled if;

A client requests in writing a cancellation and TDS agrees in writing that a client may cancel their project with TDS
A client does not respond to request for feedback, or correspondence within 30 days
A client breaches the terms and conditions set forth by TDS, or breaches separate contractual agreements issued by TDS
A client instructs third parties to commence or complete services requested from TDS at time of quotation
TDS cancels the project in writing

17. Dispute Resolution

In the event of a dispute, the client agrees to make all reasonable attempts to contact TDS in writing and negotiate a reasonable outcome with TDS before proceeding with any form of litigation.

18. Additional Materials

It is common with web and graphic design that the use of additional materials may become necessary during the design process. Stock photography or commercial fonts are often used and are purchased commercially for your designs by TDS. In the event that stock photography or a requested commercial font is required, a price per picture and per font will be applied to the final design fees, and is payable in addition to design services. Fees for additional materials vary, and TDS reserves the right to alter fees as necessary.

19. Copyrights and Trademarks

By supplying text, images and other data to TDS for inclusion in the client's website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Ownership of the final artwork designed by TDS on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by TDS - this does not include code or software. Copyright on all software and code remains the property of TDS or its otherwise respective owners. TDS provides license for the client to use supplied software and code for it's intended purpose. No license for modification or re-use of said software or code is provided unless otherwise specified by TDS in writing.
Any discarded concepts and ideas remain the property of TDS and must not be used by the client under any circumstances unless purchased separately.
TDS may use all design material freely in the pursuit of promotional purposes.
Should TDS, or the client 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 client will agree to allow TDS to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold TDS free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
No copies or reproductions of the website may be made without our written consent. In the event our consent is given, we reserve the right to charge a fee for their use.

20. Design Credits

The client agrees to allow TDS to place a small credit on printed material, exhibition displays, advertisements and/or a link to TDS's own website on the client's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
In the case of digital illustrations, credit must be given where asked. Should a derivative work be based on illustrations by TDS, TDS must be credited if asked for credits at all.
The client also agrees to allow TDS to place impressions of websites and other designs, along with a link to the client's site, on TDS's own website for demonstration purposes, and to use any designs in its own publicity.
Removal of any design credits will incur a fee at the discretion of TDS, payable within 7 days of invoice.

21. Rights of Refusal

TDS reserves the right to refuse or cancel any project, at anytime, without giving reason.
TDS will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. TDS also reserves the right to refuse to include submitted material without giving reason.
Any images and/or data that TDS does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow TDS to remove the contravention without hindrance, or penalty. TDS is to be held in no way responsible for any such data being included.

22. Hosting & Server Access

Websites are hosted by TDS. Due to copyright and protection of TDS propriety software and design procedure, a website must be housed on the TDS servers for a minimum of 6 months from date of website "Go live". After this time, a website and files at the discretion of TDS may be removed from the TDS servers with written permission by TDS, at a cost of $400.00 + GST. This fee includes provision of the website files and database in .zip format, and reasonable technical assistance in the migration to the new hosting server.
At no time during the initial 6 month hosting period may a third-party be allowed access to the raw files or databases stored on TDS servers, under any circumstances, without the written permission of TDS.
TDS reserves the right to refuse removal, release or access to any files or material which TDS thinks may be used by competing businesses for financial gain or which may in any way expose TDS's trade or operational secrets.

23. Third Party or Client Page Modification

Some Clients will desire to independently edit or update their web pages after completion of the site and the initial 6 month hosting period is over. Note however, TDS is not responsible for any damage created by the Client or agent of the Client. Any repairs required will be assessed at an hourly rate of $110. [1 hour minimum charge].

24. Disclaimer

TDS makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. TDS will not be held responsible for any and all damages resulting from products and/or services it supplies. TDS 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. The client agrees not to hold TDS responsible for any such loss or damage. Any claim against TDS shall be limited to the relevant fee(s) paid by the client. TDS 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 Conditions. TDS will not knowingly perform any actions to contravene these and the client also agrees to be so bound. TDS and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.

Terms and Conditions