Flux T&Cs

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

You ([customer name]), located at [customer address] (“You”) are hiring us ([company name]) (“We or Us”) to provide the services outlined in our previous correspondence.

By agreeing to a quote presented to you and paying for Flux Digital services, you are accepting these terms and conditions as part of the agreement.

Of course, it’s a little more complicated, but we’ll get to that.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by the schedule we provide. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you, and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set, and on top of that, we’ll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty…

Design

We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

We’ll share a Google Drive folder with you to upload your assets to and provide you with a schedule. We’ll have regular contact, at times that could be daily either by phone, email, or Zoom. We get that you are busy too, which is why we work out the schedule with you – so we can both keep on track.

Text content

Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide that in your quote.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can, but we will charge you separately for this service.

Platform

Unless otherwise requested, website packages are based on WordPress and using the Theme Salient. Which means you’ll not be restricted to a generic template. If you would like any customisations made, we can provide a separate estimate.  

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), and Google (Chrome). We wouldn’t test in other or older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that too.

Mobile browser testing

Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

  • iOS: Safari and Google Chrome
  • Android: Google Chrome

We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.

Technical support

We also offer a managed hosting service – with the managed service we offer you support for website hosting, email or other services relating to hosting. You may already have professional hosting, and you might even manage that hosting yourself; if you do, great. Once we build your site and hand it over it to your other host it is up to you to keep the site up-to-date and secure.

If you want us to fix or attempt recovery of your site after it has been hacked, you will be charged at $120 per hour. Any updates to your site will also be charged at this rate. If we can provide you with a separate estimate of the cost, we will, in some cases it is not possible. The updates to and management of that server will be up to you.

DIY Courses

By purchasing any of our Digital Courses, you understand that you are embarking on a DIY journey that does not include any support or other inclusions outside of technical support directly related to the course, such as videos not playing, etc. Any professional consulting or support services, if required, can be provided at an hourly rate of $120 per hour or we can provide a separate estimate.

Search Engine Optimisation (SEO)

With our Google Visibility Package, we don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible.

If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks. We allow for a number of revisions, and these are detailed in your schedule.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and as such, we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract, and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Phew.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

Blimey.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us, or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work, and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website and/or digital content we design for you plus the visual elements that we create for it. We’ll give you source files and finished files, and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and books. That includes those websites we build under a ‘white labeling’ arrangement unless otherwise stipulated at the time of payment.

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

Quotes are valid for 30 days and are based on the information you provide. Services are limited to the scope of work as detailed within the quote. Additional services outside of the scope will incur additional costs, either at a fixed price or at an hourly rate of $120 per hour, to be agreed upon before said additional services commence.

Invoices must be paid in full prior to work commencing unless otherwise agreed. If we have agreed that you can pay some later, we will not release the website until your invoice, and any adjustments to that invoice have been paid in full. We reserve the right to charge interest on all overdue debts at the rate of 2% per month or part of a month.

We issue invoices electronically. Our payment terms are 14 days from the date of invoice and payment can be made by electronic funds transfer is our preferred. But you want us to lose our hard earned cash in fees please feel free to use PayPal or card. All proposals are quoted in Australian dollars. Any foreign currency payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds.

Cancellation policy

If you cancel your service before your build begins, we will refund up to 75% of your service total. Refunds will not be issued after your build has commenced, for any reason. We will work with you throughout the process so you will have every opportunity to let us know if you aren’t happy with the direction our work is taking.

Timeframes

Custom, all-inclusive packages are a specialty of ours. Where we have been commissioned to develop your assets (graphics, copy, images or any artwork)  the minimum time frame to delivery is 6 -12 weeks, depending on the scope of work. If your assets are ready to go, we may be able to do your website within 6 weeks. It will depend on our workload and the complexity of your site. If you want a site developed quickly and we can fit the work in, we may charge you 25% extra on account of having to work weekends. Similarly,  if you change your mind and require your service to be completed before the agreed and scheduled date, a 25% surcharge will apply.

The estimated project timeline for tasks to be completed by us will be outlined in your proposal. A schedule outlining what you are required to do and when will be provided during the onboarding phase. Your website being built on time will be contingent on your adherence to the schedule.

Office hours

We like to chat on Wednesdays and Sundays, so if you would like to book in a short video conference with us, we would be most obliging. You can book time here. When getting creative we like to focus, so most of our return emails will come back to you late in the day. We will get back to you, just, maybe not straight away.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any applicable laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious, and this contract is a legal document under exclusive jurisdiction of Australian courts.

Privacy Policy

 

Why we value your privacy
We value your privacy as much as we do our own and we’re committed to keeping your personal and business information safe. We’ll never use your information for any reason other than why you gave it, and we’ll never give anyone outside of our organisation access to it unless we’re forced to by law.

How your information is handled
We store your information in cloud-based storage – G Suite’s Google Drive, and in our Customer Relationship Management (CRM) software – Dubsado. When you buy something, your information is handled either by our ING bank – or by the e-commerce platform of your choosing – PayPal or Stripe. Transaction details are stored in our accounts software – QuickBooks. We use these systems due to their commitment to privacy and security.

What we use your contact details for
We occasionally use your contact information to send you details of our products and services. When we do, you have the option to unsubscribe from these communications and we won’t send them to you again. We will use your contact details to correspond with you regarding your service, and to send you invoices, statements, or reminders as required.

Who has access to information about you
Our management team have access to everything you’ve provided, but our associates will only have access to the minimum information required to fulfill your service.

Changes to the policy
If we change the contents of this policy, those changes will become effective the moment we notify you.