Studio 1 Design : Studio1 Scale Solution Terms & Conditions

Studio1 Scale Solution Agreement between Studio 1 Pty Ltd ABN 46 082 517 539 (we or us) and you. You wish to appoint us to provide you with the Studio1 Scale Solution services as outlined in your Quote, and we agree to provide those services in accordance with the terms and conditions set out below (Terms). These Terms may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms, prior to placing any new order with us. You acknowledge and agree that you have had sufficient chance to read and understand the Terms, and you agree to be bound by them. 1. Terms and Conditions

All services are provided subject to these terms and conditions, which (together with the Quote) sets out the entire understanding and agreement between us.

2. Fees and Costs

In consideration for us providing the Studio1 Scale Solution services, you agree to pay the monthly fee as set out in the Quote, for a minimum commitment of six (6) months. This fee covers the scope of work outlined in the Quote which has been customized to address your unique project requirements.
Monthly payments will be processed automatically via the selected payment platform (Stripe or Thrivecart) on the agreed billing date. If a payment fails or is delayed, we reserve the right to pause all services until the issue is resolved.
If you request additional services not included in the original Quote, or if the project scope changes in a way that requires additional time, materials or resources from us (including revisions or deliverables beyond the originally agreed scope), we will notify you and provide a separate Quote before proceeding. Any such additional services will only be delivered after written approval and payment is received.

3. Payment

After you accept our Quote and sign the proposal, you will be directed to complete your first payment via our secure checkout platform (Stripe or Thrivecart). This will initiate a subscription for automatic monthly payments at the rate set out in the Quote.
Monthly payments will be automatically debited each month for a total of six (6) payments. After the sixth payment, the subscription will automatically expire, and no further payments will be processed.
If you wish to continue with conversion rate optimisation services beyond the initial 6-month term, a new agreement and pricing will be mutually agreed upon prior to any further work commencing.
If a payment fails or is not received on time, we reserve the right to pause work until the issue is resolved.
If, at the end of the six-month term, your website has not gone live due to delays on your part — including failure to provide timely feedback, content, access, or other required inputs — we will continue to work with you to complete the design and/or build until the website is launched. However, you acknowledge that you may forfeit all or part of the conversion optimisation phase if that work cannot be reasonably conducted within the original six-month timeframe.

4. Timing

We will use reasonable commercial endeavours to deliver each phase of the Studio1 Scale Solution within the estimated timeline provided in your Quote. Timelines may vary depending on the size and complexity of your project.
These timelines are estimates only and may shift based on the responsiveness of your team and other practical considerations.
If any phase is delayed due to your failure to provide timely feedback, content, approvals, or access to required systems, we reserve the right to proceed to the next phase or launch the website in its current form to maintain project momentum. In such cases, you acknowledge that any lost conversion optimisation time will not be extended or refunded.
If delays arise due to factors outside your control (e.g. platform outages, third-party issues, force majeure), we will work with you in good faith to adjust the schedule as reasonably required.

5. Intellectual Property Rights

You acknowledge and agree that all Intellectual Property Rights in all creation files, working files, artwork, copy, layouts, code and other materials provided by us in connection with the Studio1 Scale Solution vest in us upon creation. This excludes your Background IP and any third-party licences (e.g. image or font licences).
Upon full payment of all fees due under this agreement, we assign to you all Intellectual Property Rights in the completed project deliverables, except for any of our Background IP. Where our Background IP is used, we grant you a perpetual, royalty-free, non-exclusive licence to use it solely for the purpose of the project.
You may not resell, redistribute or adapt any part of our work for third-party use without our prior written consent.
If, during the course of delivering services, we develop or first reduce to practice a concept, product or process that is capable of being patented or protected, those rights remain ours. You must not use or appropriate such property without our written consent.
Where we use licensed images, fonts or assets in your project, they may be subject to third-party licence terms. If you wish to obtain extended or exclusive rights, additional fees may apply.
We reserve the right to display completed work (excluding sensitive or confidential content) in our portfolio or marketing materials, unless otherwise agreed in writing.

6. Warranties and Liability

You warrant that all content, data, and materials provided by you (including any Background IP) are owned by you or lawfully licensed, and their use by us will not infringe the rights of any third party.
You acknowledge that you have not relied on any representations or warranties made by us other than those expressly set out in this document or the Quote.
To the maximum extent permitted by law, all warranties, conditions and representations not expressly stated in these Terms are excluded. If any condition or warranty is implied into this agreement by law and cannot be excluded, our liability is limited (at our option) to:
- resupplying the relevant services, or
- the cost of having the services supplied again.
We do not guarantee any specific results from the Studio1 Scale Solution. In particular, we make no promises regarding increases in traffic, conversions, sales, or other performance metrics. You acknowledge that the success of conversion rate optimisation depends on many external factors beyond our control (such as market conditions, platform algorithm changes, or your business operations).
If you are dissatisfied with our services, we will work with you within reason to revise or improve the work to align with your original brief. Refunds will not be provided unless we fail to deliver services in breach of these Terms and are unable to remedy the issue.
To the extent permitted by law, we will not be liable for any indirect, incidental or consequential loss (including loss of revenue, profit, customers, opportunity or goodwill) arising from or related to our services.
You agree to indemnify us and hold us harmless against all claims, liabilities, damages or costs (including legal fees on a full indemnity basis) arising out of:
- your breach of these Terms,
- your use of our deliverables outside the agreed scope,
- any content or materials you provide to us, or
- your infringement of any third-party rights.

7. Confidentiality

Both parties agree to treat all Confidential Information as strictly confidential, and not to disclose or use such information except as required to perform obligations under this agreement or as permitted by law.
“Confidential Information” includes, but is not limited to:
- project strategies, creative concepts, artwork, designs, code, testing data, and reports,
- business processes, financial information, customer or prospect data, analytics, and marketing strategies,
- any non-public information disclosed by either party during the course of the project.
We may disclose Confidential Information to our employees, contractors or advisors strictly on a need-to-know basis, provided they are bound by equivalent confidentiality obligations.
These obligations do not apply to information that:
- is or becomes public through no fault of the receiving party;
- was already in the receiving party’s possession lawfully before disclosure;
- is rightfully received from a third party not under an obligation of confidence; or
- is required to be disclosed by law or court order, in which case the disclosing party will be notified where legally permitted.
All Confidential Information remains the property of the disclosing party. Upon request or termination, each party will return or securely destroy the other party’s Confidential Information, except for any records retained for legal or compliance purposes.

8. Termination

This agreement runs for a fixed minimum term of six (6) months from the date of the first payment. During this period, you may not cancel or suspend the agreement except where we are in material breach and fail to remedy that breach within 14 days of receiving written notice from you.
After the six-month period ends, services will conclude automatically unless you enter into a new agreement with us for ongoing services (such as conversion optimisation or website maintenance).
We reserve the right to suspend or terminate services at any time, with immediate effect, if:
- you fail to make a required payment,
- you breach any of these Terms and fail to remedy that breach within 14 days of written notice,
- you act in a way that is abusive, unprofessional, or damages our business or reputation, or
- your conduct makes continued collaboration unreasonably difficult or unproductive.
If this agreement is terminated due to your breach, we may retain all Intellectual Property Rights in the project, including any work in progress, even if we had previously agreed to assign it upon completion.
Termination does not affect any accrued rights or obligations at the time of termination, including our right to be paid for services already rendered.

9. Non-Solicitation

You must not during the term of this document, or for a period of 6 months following completion of any project that we undertake for you:
- employ, contract or hire the services of any of our personnel, or
- induce or attempt to induce any of our personnel to terminate their agreements or contracts with us.

10. General

These terms and conditions are governed by and to be interpreted according to the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.
Neither party may assign this agreement without the other party’s written consent, except in the case of internal restructure or business sale.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

11. Definitions Agreement means this contract and the accompanying Quote outlining the scope, fees, and service inclusions.
Background IP means Intellectual Property Rights owned by either party prior to the commencement of this agreement, or developed independently of this agreement.
Confidential Information means any information disclosed by one party to the other in connection with the Studio1 Scale Solution that is not publicly known, including creative work, strategy, business operations, data, or pricing.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, know-how, trademarks (whether registered or not), business names (whether or not registered), domain names, inventions, discoveries, patents, patent applications, designs, circuit layouts and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organization of July 1967.
Moral Rights means the right of attribution, the right against false attribution and the right of integrity of authorship as defined in the Copyright Act 1968 (Cth).
Quote means the written proposal or scope document issued by us and accepted by you, which forms part of this agreement.
Services means the Studio1 Scale Solution services we provide to you, as described in the Quote, which may include branding, copywriting, website design, development, conversion optimisation, and/or website support.
You / Client means the individual or organisation entering into this agreement with Studio 1 Pty Ltd.

This following document sets forth the Privacy Policy for the Studio1 Design website: Studio1Design.com. Studio1 is committed to providing you with the best possible customer service experience. Studio1Design is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information
We collect Non-Personally Identifiable Information from visitors to this Website. Non-Personally Identifiable Information is information that cannot by itself be used to identify a particular person or entity, and may include your IP host address, pages viewed, browser type, Internet browsing and usage habits, advertisements that you click on, Internet Service Provider, domain name, the time/date of your visit to this Website, the referring URL and your computer’s operating system.

Free offers & opt-ins
Participation in providing your email address in return for an offer from this site is completely voluntary and the user therefore has a choice whether or not to disclose your information. You may unsubscribe at any time so that you will not receive future emails.

Purchases through this website
For access to our design services & for our customer support you are required to submit personally identifiable information. This may include but not limited to a unique username and password, address and phone number. We do not store any of your payment processing details when you make a purchase on this site. All secure payments are processed via Paypal. Paypal is a trusted & secure payment gateway.

Cookie Based Retargeting & Marketing
From time to time some of our advertising campaigns may track visitors to this website for the purpose of display advertising. If this is a concern to you should turn off third-party cookies in your web browser.

Sharing of your personal information
Your personal information that we collect as a result of you purchasing our products & services, will NOT be shared with any third party, nor will it be used for unsolicited email marketing or spam. We may send you occasional marketing material in relation to our design services.

Changes to this Privacy Policy
Studio1 Design reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use this website. You may contact us at any time with regards to this privacy policy.

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