Terms and Conditions
1. Acceptance
By accessing our website, engaging our services, or paying an invoice, you agree to these Terms & Conditions on behalf of yourself and/or your business. These terms form the full agreement between you and Daniel Sim Design (DSD).
We may update them at any time, and continued use of our services means you accept the latest version.
2. Scope of Services
1. The services we provide to you are limited to those expressly described in your invoice, quote, or project agreement.
2. Any additional services requested outside of this scope will be treated as a new project and subject to separate fees.
3. Any discussions, drafts, or suggestions outside of these documents are not binding unless confirmed in writing by DSD.
3. Client Responsibilities
Provide accurate and complete briefs, content, and feedback within agreed timeframes.
Review and approve all final proofs (logos, designs, websites, print, etc.) before launch, publication, or print. Approval confirms responsibility for accuracy.
Clearly specify any special features in writing before launch. If not requested, and not stated on the invoice, DSD is not liable for loss or damages arising from omission.
Ensure you have rights to use all materials (e.g. images, text, logos) supplied to DSD.
You are responsible for checking and approving all final proofs (including but not limited to logos, designs, websites, print materials, and production files) before printing, publishing, or launch. DSD is not liable for errors, omissions, or costs of reprints/production arising from content approved by the client.
4. Pricing & Payments
1. Pricing & Payments
1.1 Invoices
– All fees are set out in your invoice, quote, or project agreement.
– By accepting a proposal, invoice, or making any payment, you confirm your acceptance of the invoice terms and these Terms & Conditions in full. Payment constitutes your binding agreement to pay the full amount for the services described, including completing the full minimum contract term (if applicable) and all obligations set out in the invoice.
1.2 Minimum Contract Term
– Website management plans are contracted for the full minimum term specified in your invoice (e.g. 12, 24, or 36 months).
– By commencing a plan, you commit to completing payment for the entire agreed minimum term, regardless of whether you continue to use the service.
– Early cancellation does not remove your obligation to pay out the remaining balance, unless otherwise agreed in writing by DSD.
1.3 Automatic Billing & Renewal
– All website management plans require automatic billing. Your nominated payment method (credit card, bank debit, or other approved method) will be charged at the agreed interval (weekly, monthly, or annually, as per your invoice).
– At the end of the minimum contract term, automatic billing will continue on a rolling basis at the same rate and interval unless you notify DSD in writing that you wish to cancel.
– To cancel after the minimum contract term, written notice must be given at least 15 Australian business days before your next scheduled payment date.
1.4 Payment Processing
– Payments are processed via secure third-party providers (such as Stripe, eWay, or GoCardless), and you agree to their terms of service.
– You must ensure your billing details (including credit card or bank information) remain current and valid throughout the service period.
1.5 Price Changes
– Prices for future services or renewals may change at any time without notice.
– Pricing for your current agreed minimum term will remain fixed unless otherwise stated in your invoice or agreement.
1.6 Non-Payment & Suspension
– If payments are late, declined, or cancelled, DSD reserves the right to suspend or terminate services until the account is settled.
– Interest may be charged on overdue amounts at the statutory maximum rate permitted by law.
5. Third-Party Services
1. DSD may use third-party providers (including but not limited to hosting companies, payment gateways, plugins, licensing services, and other software tools) in the delivery of your services.
2. You acknowledge that these third-party providers are independent of DSD and that DSD is not liable for any loss, interruption, delay, error, or financial loss (including loss of revenue, payments, or data) caused by the action or failure of a third-party provider.
3. While DSD will make reasonable efforts to assist you in liaising with the relevant provider to help resolve issues, ultimate responsibility for the performance of third-party services rests with the provider.
4. Your use of such services is also subject to the terms and conditions of the third-party provider, and you are responsible for reviewing and accepting those terms.
6. Revisions, Edits & Modifications
1. Each project includes the number of revisions listed in your package. Additional changes are billed at our current hourly rate.
2. Clients with WordPress websites may make their own edits. If external edits cause issues, repairs by DSD are billed at $120/hr (incl. GST), in 30-min increments.
3. Final approved files provided to printers/hosts are considered correct. Reprints or repairs due to post-approval changes are at client’s cost.
7. Intellectual Property & Usage Rights
1. Ownership of Drafts & Concepts
– All drafts, concepts, and any unselected designs presented during the project remain the property of DSD.
– Copying, reusing, or reproducing them in whole or in part without purchase or prior written approval from DSD is strictly prohibited.
2. Ownership of Final Deliverables
– Upon full and final payment, ownership of the final approved design(s) and/or website deliverables is transferred to you for your own business use.
– Until full payment is received, DSD retains all rights to the work, and you are not authorised to use it in any way.
3. Third-Party Content
– You are responsible for ensuring that any text, images, fonts, or other content you provide for inclusion is properly licensed or owned by you.
– DSD accepts no liability for copyright or licensing breaches arising from client-supplied content.
4. DSD Portfolio Rights
– DSD retains the right to showcase the completed work (including screenshots, mock-ups, and brand assets) in our portfolio, marketing materials, and case studies, unless otherwise agreed in writing.
5. Licensing of Tools & Plugins (optional but useful for websites)
– Any third-party tools, plugins, or licensed resources used in your project remain subject to the licensing terms of their respective owners. Ongoing use may require renewal or subscription fees, which are your responsibility unless otherwise specified in writing.
8. Confidentiality
1. Both parties agree to keep confidential any non-public, sensitive, or business information shared during the course of the project, unless written permission is given to disclose.
2. Confidential information includes (but is not limited to) business strategies, client lists, financial details, unpublished designs, project documents, or any proprietary data.
3. Confidentiality does not apply to information that:
– was already in the public domain at the time of disclosure;
– becomes public through no fault of the receiving party;
– is independently developed or obtained by the receiving party without reference to the disclosing party’s confidential information; or
– must be disclosed by law, regulation, or court order (in which case reasonable notice will be provided where legally possible).
4. This obligation of confidentiality continues after the project ends or this agreement is terminated.
9. Cancellation & Termination
1. You may cancel hosting services, or any other services not subject to a minimum contract term, by providing DSD with at least 15 Australian business days’ written notice before your next scheduled payment date.
2. For services under a minimum contract term, early cancellation does not remove your obligation to pay out the full remaining balance of the agreed term, unless otherwise agreed in writing by DSD.
3. At the end of the minimum contract term, automatic billing will continue on a rolling basis at the same rate and interval unless you notify DSD in writing that you wish to cancel, in accordance with the notice period above.
4. DSD may suspend or terminate services immediately if payments are overdue, terms are breached, or services are misused.
5. Termination does not remove your responsibility to pay for services already provided or fees owed up to the termination date.
10. Liability & Indemnity
1. Services are provided “as is.” While DSD takes care to deliver high-quality outcomes, we cannot guarantee uninterrupted or error-free operation of websites or services.
2. DSD is not liable for indirect loss (e.g. profits, data, customers, or business opportunities).
3. Maximum liability is capped at the fees paid for the specific service in dispute.
4. You agree to indemnify DSD, its staff, and partners against claims, damages, or costs arising from your misuse of services, provision of incorrect materials, or third-party actions.
11. Delays, Force Majeure & Client Response Times
1. Timely delivery of services depends on timely client feedback. If client delays exceed 14 days (unless otherwise communicated and agreed), the project may be paused or terminated, but fees remain payable up to the stage reached.
2. DSD is not responsible for delays caused by events outside our control (e.g. illness, pandemic, internet outages, third-party failures, force majeure).
12. Dispute Resolution
If a dispute arises, both parties agree to attempt resolution through discussion or mediation before pursuing legal action.
13. Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of Queensland, Australia. Both parties agree to submit to the exclusive jurisdiction of the courts of Queensland for the resolution of any disputes.
14. Contact
For questions or concerns, please contact: [email protected]
