STUDIO 1 DESIGN – DESIGN AGREEMENT
In this agreement unless the contrary intention appears:
(a) “Agreement” means this contract as agreed to and executed by the parties;
(b) “the Design” includes but is not limited to graphics, images, designs, artwork, illustrations and digital files.
(c) “the Client” means ‘you’ the client requesting the services of Studio 1
(d) “STUDIO 1″ means STUDIO 1 PTY LTD (ACN 082 517 539)
2. Intellectual Property Rights
Studio 1 automatically transfers the ownership of all original design (and all Intellectual Property such as the Design) created by STUDIO 1, in any media, including digital files, whether preliminary or final as briefed by the Client at the time of the invoiced work is paid in full by the Client. All content provided to the Client such as text, graphics, logos, images, digital downloads and data compilations is the property of the Client and is protected by the Australian Copyright Act (Cth) 1968 and international copyright laws.
Studio 1 warrants that it reasonably believes it will not infringe or misappropriate third party intellectual property rights in this jurisdiction or internationally when creating the Design for the Client. It is the Client’s responsibility to brief Studio 1 in a reasonable manner that does not breach international intellectual property right laws.
4. Warranty Exclusions
Studio 1 will not be liable for infringements of patents, trademarks, copyrights, other proprietary and/or intellectual rights arising out of misrepresentation or negligence or any use of the the Design by the Client. Studio 1 will not be liable for any business or legal decisions, actions or omissions taken by the Client based on the choice of the Design(s) and no representations made by Studio 1 about the market appeal or saleability of any products on which the Client may reproduce the the Design.
5. Studio 1‘s Design Responsibility
Studio 1’s the Designers will use all reasonable efforts in the professional development of the Website design and endeavor to complete and deliver to the Client within the time frame as arranged with the Client.
6. Revisions to Design Brief
After this agreement is accepted, any changes to the original brief will become an addendum to this agreement. Changes or edits outside the scope of the project are charged separately and will need to be quoted. Any material changes to the proposed design will require a change order which will become an addendum to this agreement. No work will be undertaken unless or until there is a negotiated change order that specifies the scope of work as to each individual item – or items.
7. Payment Terms
100% Payable prior to commencement. Design work will only commence after payment is received. You pay at the checkout when purchasing a design on this website.
You authorize Studio 1 to perform the services outlined in this agreement on your behalf, which may include, but is not limited to, accessing your domain registration, hosting account, loading or modifying files on your host, creating databases and applications, integrating to third party websites and submitting the project to search engines.
9. Production Schedules
Production schedules will be 6 weeks on average for design and build, and will adhered to by both the Client and Studio 1. For Studio 1 to maintain our production schedules we need information and approvals from the Client in a timely manner and in accordance with the schedule. Where production schedules are not adhered to by the Client, final delivery date or dates may need to be adjusted accordingly. Studio 1 shall use all reasonable efforts to deliver the website on schedule. However, Studio 1 can extend the due date for any deliverable if there are unforeseen issues delaying the process.
Studio 1 are confident that your expectations will be exceeded and as such we would appreciate that you allow us to use your website design on our portfolio pages on our sites. We also and put a credit link on the footer of your website. It’s at your discretion if you wish to keep it.
11. Browser Variance
Our websites are optimized for CSS3 compliant browsers. Studio 1 test using the browsers that are the most commonly used, these include Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer 9 and above. Layout and aesthetic elements may change or degrade in some browsers. Although possible, additional work to code for older or non-compliant browsers is usually not economically viable and is not included is our scope unless specifically requested.
Studio 1 will test and optimize for additional browsers and versions if requested by you before commencement of the project.
12. Graphics Quality
Website visitors use different devices, operating systems and monitors with different settings. Colors and image quality of the website including graphics and photography will shift between devices and monitors. Images used on websites are optimized as best possible to achieve an acceptable resolution without having an adverse effect on page load times.
13. Testing and Acceptance of the Website
Once the project has, in Studio 1’s opinion been completed, Studio 1 will notify the Client and provide an opportunity for the Client to test and review the website. If the Client determines that the website does not comply with the Project Components agreed to in this document, Studio 1 agree to carry out any necessary and reasonable modifications without extra charge. Once the Client approves the website to ‘Go Live’ then the project will be deemed as completed.
14. Website, Data and Security
14.1 Upon the end of this agreement, you are free to transfer your website management to another service provider. Studio 1 will supply the last backup of the site and associated data. Studio 1 will take all reasonable actions to transfer your domain name to a new registrar.
14.2 Ongoing Management is not included in this agreement. We will provide paid support if needed.
14.3 You are responsible for Ongoing Management of the website and indemnify Studio 1 against any loss or damage arising directly or indirectly from website downtime or security breaches. We take reasonable effort to secure the website from Hackers, Malware and Viruses. We also take a backup of your site prior to handover. We recommend you regularly update your website content management system, themes and plugins and also implement a regular backup regime.
15. Your Responsibilities
If you or an agent of yours other than Studio 1 attempts to update, edit or alter your website’s pages, infrastructure, source files in a way that causes damage to the website’s architecture, Studio 1 will not be held responsible.
16. Errors and Omissions
It is the Client’s responsibility to check carefully for accuracy in functionality of the website, ranging from spelling to making sure all links are correct and the website functions as intended. Studio 1 are not liable for errors or omissions. You indemnify Studio 1 against any loss or damage arising directly or indirectly from any errors and omissions.
Studio 1 will provide unlimited revisions at the design phase of the project, prior to commencement of the website coding and build.
Studio 1 will build the website to the approved designs and specifications and will rectify any errors found in the website development to match the designs.
17. Test Server
Your website will be built on Studio 1 test server until the revisions are completed and the website is ready to go live. At that time Studio 1 will make the change over from Studio 1 test server to your new website on your web server at a time that best serves you. Access will be made available to you to review revisions of your website at various times during the build on the test server.
In the event that work is postponed or terminated at the request by you, Studio 1 will retain the development designs or website development files for up to 1 year, ready for when you decide to proceed again.
19. Governing Law
This Assignment shall be governed by the laws of the State of Victoria, Australia, and the parties submit to the jurisdiction of the Courts and the Tribunals of that State within Australia.
If any provision of this Agreement shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and this Agreement shall be construed so as to most nearly give effect to the parties’ intention when it was originally executed.
This Agreement shall be binding upon and endure for the benefit of the successors in title of the parties but shall not be assignable by any party without the prior written consent of the other.
22. Entire Agreement
This Agreement sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangement (oral or written) in respect of the subject matter of this Agreement.
23. Acceptance of Terms
The services that STUDIO 1 provides to the Client are subject to these Terms and Conditions. By ordering a design through this website, you agree and accept that this agreement signifies that you the Client & Studio 1 agree to and are bound by these Terms and Conditions set in this document.