Our intention is to be as transparent as possible in our business dealings.
- Charges and acceptance.
1.1 Metro Design Sydney (Metro Design) shall mean solo trader Marina Harris (ABN 69215121873) with turnover under 75k, therefore, do not charge GST and will not add GST on the final estimate of work. Additional hours of work usually occur at $65 (no GST will be added).
1.2 Charges for services to be provided by Metro Design are defined in the project estimate/quote. All services require advance payment (deposit) of a minimum of fifty percent of the project proposal total. This payment indicates agreement on the full estimate and Terms and Conditions of Metro Design. The remaining fifty percent of the project proposal total will be due upon completion of the work, except in cases where a payment plan has been agreed upon.
1.3 All quotes are estimates based on the information provided by the client and suppliers. Quotes are subject to change upon sighting of artwork, text or other circumstances that may affect the job. Quotes do not include couriers, out-sourced artwork/photography/illustration/copywriting/licensing or purchase of templates, third party software, fonts, domain name registration, web hosting or comparable expenses. Metro Design must notify and obtain the approval of the Client to any such fees prior to submitting. Quotations are only valid for 30 days from the date of the issue.
1.4 All invoices are strictly 30 days. A $50 late fee will be added to the invoice amount if received after 30 days from the date of the invoice. Accounts unpaid 45 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Metro Design webspace, Metro Design will, at its discretion, remove all such material from its web space. Metro Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Metro Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Metro Design in enforcing these Terms and Conditions.
1.5 Any jobs that are canceled at the Client’s request will be invoiced for any work or expenses completed up to that point. Metro Design reserves the right to discontinue the Services in cases where the Client has not made the payment on outstanding invoices during the course of the provision of the Services.
1.6 All quotes prepared by Metro Design are based on the work being provided to Metro Design in a timely fashion in order to meet deadlines. Metro Design reserves the right to charge a loading for ‘rush’ deadlines which are imposed by the client. Metro Design will not accept responsibility for errors in rush jobs.
1.7 For logo work client will be asked to approve selected favourite draft of logo from several concepts and several revisions. Detailed information about logo process is provided in “Logo and Branding Estimate”.
1.8 For the website Client will be asked to approve site plan, navigation, content and design plus 2 revisions afterwards (please request in ten business days or less to implement those revisions). If, after such approval, the Client makes any changes to the website that affects the navigation of the site, the design or layout of individual pages Metro Design Sydney reserves the right to charge our time at the rate of $60 including GST per hour. Detailed information about web design process is provided in “Website Estimate”.
1.9 Should the Client be in dispute as to the invoice amount or standard of services provided by Metro Design the Client must address a dispute with Metro Design immediately upon receipt of the invoice.
2. Proof reading
Whilst every care is taken by Metro Design to carry out the instructions of the Client, it is the Clients responsibility to undertake a final proof reading of the artwork/website content copy etc, before approval of artwork. Metro Design shall be under no liability whatever for any errors made by the Client in the final proof reading.
3. Copywriting
Metro Design Sydney does not offer professional copywriting as a Service. Copy usually provided by Client.
4. Hosting.
Hosting is billed yearly by partner hosting company. Payment for the year ahead is required within 2 weeks of issue of the invoice for that. If a hosting account remains unpaid after one month from date of invoice, Metro Design Sydney reserves the right to suspend the hosting account until payment is received.
5. Termination.
Termination of services from Metro Design by the Client must be requested in a written notice and will be effective on receipt of such notice. No deposit for work will be returned to the client. Notice of Request for change of hosting is required 1 month prior to hosting change. Hosting charges for the the rest of the year paid remain with hosting provider and non-refundable. The Client agrees to be responsible for payment for design work completed to the date of first notice of cancellation. On termination all data held in the customer’s account will be deleted.
6. Standard Media Delivery.
6.1 In the case of responsive design, websites will be designed optimised for any modern screen resolution. No site is guaranteed to be printable without a dedicated printable version of any specific page.
6.2 The Client must, within 30 days of the parties entering into this Agreement, deliver to Metro Design copies of the all logos, graphics, images, data, copy text, data and other materials and information which the Client wishes Metro Design to incorporate into the Website.
6.3 Unless otherwise specified in the project proposal, this Agreement assumes that all text will be provided by the Client in electronic format (text files in MS Word and .CSV (Excel) format for WooCommerce product catalogue) if Metro Design is to insert web page content (we usually insert free of charge 20-40 products).
. In the case where a Content Management System (CMS), usually WordPress based site is produced, Metro Design will insert initially discussed page content for free, and the Client is to insert the rest out of initial scope unless a data entry fee is negotiated, as specified in the estimate/quote proposal. All graphics need to be provided electronically in .jpg, or .png format.
6.4 Additional (to estimate/quote) expenses may be incurred for corrective work, conversion of media, for example conversation of large image files to a smaller version.
6.5. Metro Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Metro Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
7. Ownership of domain names and web hosting.
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have. Ownership of domain name belongs to client.
8. E-Commerce.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Metro Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce with all browser software across different operating systems.
9. Search Engine Optimisation.
If The Client authorises Metro Design to submit details of the Website to the Search Engines:
9.1 Metro Design must submit the Website to the Search Engines within 30 days following the development of the Website by Metro Design Sydney and when this service fee paid in full by Client.
9.2 If the Client wishes Metro Design to submit the Website to search engines which require payment of a fee for listing a website, the Client shall be responsible for all fees payable. Metro Design must notify and obtain the approval of the Client to any such fees prior to submitting the Website to the fee-charging search engines.
9.3 Metro Design must, in the course of providing the SEO Services, use its best endeavours to assist the Client secure first page Search Engine result rankings, but does not guarantee that the Website will be listed on the first page of the Search Engine results, in respect of the Client Keywords.
9.4 Metro Design may employ any legal techniques in the course of providing the Services.
9.5 Metro Design is not obligated to disclose to the Client the techniques used by Metro Design as part of the Services.
9.6 The Client agrees and acknowledges that:
(a) failure to achieve Website rankings with any Search Engines in any time period shall not constitute breach of this Agreement;
(b) the Search Engines may regularly change the algorithms and policies used by the Search Engines to determine the ranking of websites in the Search Engines’ search results;
(c) Metro Design has no control over any algorithms and policies of the Search Engines;
(d) the Website ranking for the Client Keywords with the Search Engines may at any time change as a result of any changes made to the algorithms and policies of the Search Engines used by the Search Engines to determine ranking of websites in Search Engine results;
(e) Search Engines sometimes drop rankings for no apparent or predictable reason.
10. Website Post-Placement Alterations.
Metro Design Sydney cannot accept responsibility for any alterations caused by a client or third party occurring to the Client’s pages once uploaded and live. Such alterations include, but are not limited to additions, modifications, or deletions.
11. Indemnity.
The Client agrees to indemnify Metro Design from any and all claims resulting from the Client’s use of Metro Design services which cause damage to the Client or a third party, including but not limited to any direct, indirect or consequential damages, errors or omissions caused by any employee or director of Metro Design, loss of data resulting from delays, non-delivery or interruption in service or for actions resulting from unauthorised hacking into any Website or online database created by us, or from the misuse of any content management system provided by us. The Client acknowledges and agrees that Metro Design cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond the control of Metro Design.
12. Governing Law.
This Agreement shall be governed by the laws of Australia, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement.
13. Service Levels and Data Backup.
13.1 Metro Design shall use its reasonable endeavours to make the server and the services available to the Client 100% of the time but because the services are provided by means of computer and telecommunications systems of third party (for example, Crazydomains.com.au), Metro Design makes no warranties or representations that the service will be uninterrupted or error-free and Metro Design shall not, in any event, be liable for interruptions of Service or downtime of the server.
13.2 Client responsible for maintaining his own backups unless a fee is negotiated to do so by Metro Design.
13.3 Metro Design carries out data backups for use by Metro Design in the event of systems failure. Usually this backup is done manually at the moment of website completion unless requested periodcially by client at additional fee. Metro Design do not provide free data restoration facilities for clients. Even though every effort is made to ensure data is backed up correctly Metro Design Sydney accepts no responsibility for data loss or file corruption.
14. Warranties.
14.1 The Client warrants and represents to Metro Designt hat Metro Design use of the content or the Client software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Client has the authority to license the content and the Client software to Metro Design.
14.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Metro Design shall not be liable to the Client as a result of any viruses introduced or passed on to the Client.
15. Legal Restrictions.
Metro Design services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any state or federal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening racist or obscene. Metro Design reserves the right to refuse service to the Client without providing reason or cause.
16. Copyright.
All content supplied by the Client will be assumed third party copyright free. Metro Design cannot accept responsibility for any copyright issues arising from improper use of copyrighted images or content.
17. Limitation of liability.
17.1 The entire liability of Metro Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen.
17.2 In no event shall Metro Design be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Metro Design had been made aware of the possibility of the Client incurring such a loss.
18. Scripting.
Metro Design is not responsible for Client programming issues other than ensuring that programming language PHP is installed and WordPress/ WooCommerce Software is functioning on the hosting server.
19. Privacy.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
20. Acceptable Website Use Policy.
20.1 The website and use of the services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation.
21. Design Credit.
Metro Design Sydney reserves the right to include a discrete link in small print back to www.metrodesign.net.au. This design credit is to remain on the site unless the editing of the site has been taken over by another party and the design appearance of the site has changed by over 90% from its original look as provided and designed by Metro Design. Metro Design reserves the right to include client’s website to their online portfolio and must be notified in event of change of client’s website design so that the site can be removed from the portfolio on the Metro Design Website.
22. Intellectual Property.
22.1 The Client retains intellectual property of the site. Unless design copyright is signed over to the Client, Metro Design retains copyright of any design or coding that is created by Metro Design, excluding elements formed directly from the Client’s logo or branding imagery or facets of their corporate identity. The Client can use and re-use the design elements created for the site in an unlimited fashion for the site and any other graphical online internet-displayed purposes only. Styles and designs created in the production of the website design may not be used in other material for the Client’s advertising unless permission is given by Metro Design.
22.2 The Client accepts that they do not have exclusive rights to any regenerative code used in the development of the website. The Client does not have any ownership of the code used in the site, they can not copy, modify, lease or sell the code without explicit permission. Sale of the website by the owner transfers the use of the site only but the copyright and ownership of the code used by the site remains with Media Two and/or partners/contractors.
22.3 The Client agrees to remove any reference to Metro Design (including the link) should Metro Design deem the site to no longer be representative of Metro Design design style and quality.
