Daniel Sim Design (DSD)
Terms and Conditions
1. Acceptance
By accessing our website, engaging our services, accepting a proposal, or paying an invoice, you agree to these Terms & Conditions on behalf of yourself and/or your business.
These Terms & Conditions, together with any invoice, quote, proposal, or written agreement issued by DSD, constitute the entire agreement between the parties.
DSD may update these Terms & Conditions at any time. Continued use of services constitutes acceptance of the latest version.
2. Scope of Services
2.1 Services are limited strictly to those described in your invoice, quote, or written agreement.
2.2 Any services outside scope constitute a new project and are billed separately.
2.3 Verbal discussions, draft concepts, or suggestions are not binding unless confirmed in writing by DSD.
3. Client Responsibilities
You agree to:
• Provide accurate briefs, content, and feedback within agreed timeframes
• Review and approve all proofs before publication or launch
• Confirm accuracy of all content prior to approval
• Ensure you hold rights to any supplied materials
Approval constitutes acceptance of accuracy. DSD is not liable for errors after approval.
4. Pricing & Payments
4.1 Invoices
Payment of any invoice confirms acceptance of these Terms & Conditions.
4.2 No Right of Set-Off
You may not withhold, delay, reduce, or offset any payment due to DSD for any reason, including dissatisfaction, disputes, alleged defects, or pending revisions.
All invoices must be paid in full when due.
Service concerns will be addressed separately in good faith.
4.3 Minimum Contract Terms
Website management plans include recovery of design, development, onboarding, and infrastructure costs amortised across the minimum term.
You commit to payment of the full minimum term regardless of usage level or satisfaction.
Early cancellation does not remove your obligation to pay the remaining balance unless agreed in writing by DSD.
4.4 Automatic Billing
Plans require automatic billing via approved payment methods.
At minimum term completion, billing continues on a rolling basis unless cancelled with 15 Australian business days’ written notice.
4.5 Non-Payment: DSD may suspend or terminate services if payments are late or declined.
Interest may be charged on overdue amounts.
5. Third-Party Services
DSD is not liable for outages, failures, or losses caused by third-party providers.
You agree to their respective licence terms.
6. Revisions & Updates
6.1 Projects include the number of revisions stated in your package.
6.2 Additional changes billed at current hourly rate.
6.3 External edits causing issues are billed to repair.
6.4 Included update time does not roll over.
7. Intellectual Property
7.1 Drafts & Concepts: All drafts and unselected concepts remain property of DSD.
7.2 Final Deliverables: Ownership transfers only after all invoices are paid in full.
No files, backups, source files, credentials, or IP assignments are released prior to cleared payment.
7.3 No Partial Assignment: No staged, conditional, or partial IP transfer occurs unless expressly agreed in writing by DSD.
7.4 Third-Party Assets: Subject to their own licences.
7.5 Portfolio Rights: DSD may showcase work unless otherwise agreed.
8. Confidentiality
Both parties agree to keep non-public business information confidential.
Any settlement, discount, or early termination arrangement is confidential.
9. Cancellation & Termination
9.1 Non-term services may be cancelled with 15 business days’ written notice.
9.2 Minimum-term services remain payable in full.
9.3 DSD may suspend or terminate immediately for non-payment, breach, or misuse.
9.4 Termination does not remove payment obligations.
9.5 Upon termination, DSD’s obligation is limited to providing one set of backups and reasonable clarification.
DSD is not responsible for migration, deployment, or third-party configuration.
9.6 DSD may terminate immediately for abusive, threatening, or harassing conduct.
10. Liability & Indemnity
Services provided “as is”.
DSD is not liable for indirect or consequential loss.
Maximum liability is capped at fees paid for the service in dispute.
You indemnify DSD against claims arising from your misuse or supplied materials.
11. Delays & Force Majeure
Client delays beyond 14 days may pause or terminate projects with fees still payable.
DSD not responsible for events beyond its control.
12. Dispute Resolution
Parties agree to attempt resolution via discussion or mediation before litigation.
13. Governing Law
Queensland, Australia.
14. Contact
