Booked by Design by Charis White Celebrant & Co

Website Design, Branding & Digital Services Terms and Conditions

1. Definitions

“Agency” means Booked by Design by Charis White Celebrant & Co.

“Client” means the individual, business, company, partnership or organisation engaging the Agency.

“Project” means any website, branding, content, graphic design, SEO, digital marketing or related service supplied by the Agency.

“Deliverables” means the completed work supplied to the Client.

“Additional Services” means any service outside the agreed proposal or package.

2. Acceptance

Acceptance of a proposal, quotation, invoice payment, email approval or commencement of work constitutes acceptance of these Terms and Conditions.

These Terms apply to all projects undertaken by the Agency unless otherwise agreed in writing.

3. Scope of Work

The Agency will provide services as outlined in the approved proposal or quotation.

Services may include:

• Website Design
• Website Development
• Branding
• Logo Design
• Copywriting
• Content Creation
• SEO
• Hosting
• Website Maintenance
• Domain Management
• Consulting

Any work requested outside the agreed scope shall be considered Additional Services and may incur additional fees.

4. Client Responsibilities

The Client agrees to:

• Provide accurate information.
• Supply content, images, logos and materials required for the Project.
• Respond to requests within a reasonable timeframe.
• Review and approve work promptly.
• Ensure all supplied content does not infringe third-party rights.

The Agency is not responsible for delays caused by the Client’s failure to provide required information or approvals.

5. Project Timelines

Project timelines are estimates only.

The Agency shall not be liable for delays caused by:

• Client delays
• Third-party providers
• Hosting companies
• Domain registrars
• Software providers
• Force majeure events

Projects inactive for more than 30 days due to Client delay may be placed on hold.

Projects inactive for more than 60 days may require re-quoting.

6. Payment Terms

Unless otherwise agreed:

Website Projects

• 50% deposit required before commencement.
• Remaining balance payable prior to launch.

Branding Projects

• 50% deposit before commencement.
• Balance payable upon completion.

Additional Services

• Invoices are payable within 7 days.

The Agency reserves the right to pause work where invoices remain unpaid.

7. Ownership and Intellectual Property

Client Ownership

Upon full payment of all invoices:

• The Client owns the completed website.
• The Client owns approved branding assets.
• The Client owns approved content created specifically for their Project.
• Administrative access will be transferred to the Client.

Agency Ownership

The Agency retains ownership of:

• Design methodologies
• Frameworks
• Templates
• Processes
• Internal systems
• Reusable code libraries
• Proprietary tools

The Agency grants the Client a perpetual licence to use these elements as incorporated into the completed website.

Portfolio Rights

The Agency may display completed projects within:

• Portfolio websites
• Social media
• Marketing materials
• Awards submissions

Unless otherwise agreed in writing.

8. Third Party Licences

Projects may incorporate:

• Premium themes
• Fonts
• Plugins
• Stock imagery
• AI tools
• Third-party software

The Client accepts that such items remain subject to their respective licence terms.

The Agency is not responsible for future pricing changes, discontinued products or third-party licensing restrictions.

9. Website Hosting

Where hosting is purchased through the Agency:

• Hosting fees are payable annually unless otherwise agreed.
• Hosting fees are non-refundable.
• Hosting includes reasonable uptime but no guarantee of uninterrupted service.

Where the Client arranges their own hosting:

• The Client is solely responsible for hosting costs.
• The Agency is not responsible for outages or performance issues.
• The Agency may charge fees for migration or deployment assistance.

10. Domain Names

The Client owns their domain name.

The Agency may assist with registration and renewals but:

• Renewal notices remain the Client’s responsibility.
• The Agency is not liable for domain expiry.
• Any domain purchased on behalf of the Client remains payable by the Client.

11. Search Engine Optimisation (SEO)

The Agency may provide SEO services.

The Client acknowledges:

• No SEO provider can guarantee rankings.
• Search engine algorithms change frequently.
• Results vary by competition, market conditions and search engine policies.

The Agency does not guarantee:

• First page rankings
• Specific keyword positions
• Traffic increases
• Revenue increases

SEO recommendations are provided in good faith based on current industry standards.

12. Revisions

Unless otherwise specified:

Branding

• Includes up to three rounds of revisions.

Website Projects

• Includes up to two rounds of revisions per design stage.

Additional revisions may incur additional fees.

13. Launch Approval

Once launch approval is provided by the Client:

• The Project is deemed accepted.
• Outstanding invoices become immediately payable.
• Any post-launch changes may be treated as Additional Services.

14. Website Maintenance

Unless a maintenance package is purchased:

The Agency has no obligation to:

• Update software
• Update plugins
• Monitor security
• Perform backups
• Resolve compatibility issues

Ongoing support is available under separate maintenance agreements.

15. Client Content

The Client warrants that all supplied:

• Text
• Images
• Videos
• Logos
• Music
• Documents

are owned by the Client or properly licensed.

The Client indemnifies the Agency against any claim arising from supplied materials.

16. AI Generated Content

The Agency may utilise AI-assisted tools for:

• Copywriting
• Design concepts
• Image generation
• Research

The Client acknowledges that AI-generated outputs may not be unique and should be independently reviewed before commercial use.

17. Limitation of Liability

To the maximum extent permitted by law:

The Agency shall not be liable for:

• Loss of profits
• Loss of revenue
• Loss of business opportunities
• Loss of data
• Consequential loss
• Indirect damages

The Agency’s total liability shall not exceed the amount paid by the Client for the relevant Project.

18. Indemnity

The Client agrees to indemnify and hold harmless the Agency against any claim arising from:

• Client supplied content
• Intellectual property disputes
• Breaches of law
• Website misuse
• False or misleading information supplied by the Client

19. Cancellation

By Client

• Deposits are non-refundable.
• If a Project is cancelled after commencement:
• Work completed to date shall be invoiced.
• Outstanding invoices become immediately payable.

By Agency

The Agency may terminate a Project where:

• Payments remain outstanding.
• Abusive conduct occurs.
• The Client breaches these Terms.

20. Confidentiality

Both parties agree to keep confidential information private and not disclose it to third parties except where required by law.

21. Force Majeure

The Agency shall not be liable for delays caused by events beyond reasonable control including:

• Natural disasters
• Internet outages
• Cyber attacks
• Government restrictions
• Illness
• Supplier failures

22. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.

23. Contact Details

Booked by Design by Charis White Celebrant & Co
Melbourne, Victoria, Australia
Email: bookedbydesign@gmail.com
Website: www.bookedbydesign.com.au
Phone: 0425 714 033