1. Overview & Definitions

1.1 Agreement
“Agreement” means these Basic Terms & Conditions together with any Proposal(s), schedules, exhibits, attachments, and any written supplements agreed by both parties.

1.2 Client Content
All materials, information, copy, images, and other creative assets supplied by the Client for use in Deliverables.

1.3 Copyrights
As defined under Australian Copyright Law.

1.4 Deliverables
The services and work product specified in the Proposal to be delivered by DesignDock to Client (e.g., logo packages, website packages, combined branding packages) in the formats stated in the Proposal.

1.5 Designer Tools
All tools used by DesignDock to perform Services, including pre-existing or newly developed software, typefaces, plugins, modules, templates, and other non-copyrightable concepts (site architecture, layout, navigation, etc.). Third-party and open-source components may be used. For WordPress builds, theme/template elements may be used and customised. A 6-month workmanship warranty applies from server creation; core/platform/plugin updates outside this period may cause compatibility issues and are billable to remedy.

1.6 Final Art
All original creative content developed by DesignDock (or commissioned by DesignDock) for the Project and incorporated in the Final Deliverables (visual designs, graphics, illustrations, photos, animations, typography, text, and the selection/arrangement thereof), excluding Client Content and Third-Party Materials.

1.7 Final Deliverables
The approved, final versions supplied by DesignDock. Working/native files remain DesignDock property unless expressly transferred in writing.

1.8 Preliminary Works
Drafts, sketches, concepts, mockups, and exploratory designs prepared by DesignDock that may or may not be shown to Client and are not part of the Final Art.

1.9 Project
The scope and purpose described in the Proposal (e.g., logo package, website package, or combined branding package).

1.10 Services
All services to be provided by DesignDock as described in the Proposal.

1.11 Third-Party Materials
Stock assets, licensed media, typefaces, plugins, or templates incorporated into Final Deliverables.

1.12 Trademarks
Names, marks, symbols, logos, or devices used within the Final Deliverables to designate Client goods/services.

2. Proposal

Proposals are valid for 14 days from presentation. If not accepted in that period, scope, fees, and timelines may change. DesignDock will not disclose Client’s proposal details to third parties.

3. Fees, Expenses & Invoicing

3.1 Fees
Client will pay DesignDock according to the Proposal schedule, plus applicable taxes (including any later-assessed taxes).

3.2 Expenses
Out-of-pocket expenses (e.g., stock assets, courier/shipping, specialised production, travel pre-approved by Client) are billable at cost (plus a standard handling mark-up up to 30% where applicable).

3.3 Additional Costs
Outside costs (e.g., photography, special licensing, external production, hosting, third-party integrations) are billable unless expressly included in the Proposal.

3.4 Invoices & Payment
Invoices are due on receipt (or per invoice date terms). Late balances may accrue a monthly service charge. Payments are applied to fees, then costs/interest. DesignDock may pause work, withhold delivery, and withhold IP transfer if invoices are overdue. Any discounted pricing is voided by late/non-conforming payment and the full standard amount becomes payable.

3.5 Print & Launch Hold
All invoices must be settled before commercial printing, website go-live, or transfer.

3.6 Suspension for Non-Payment
Managed services (e.g., hosting, care plans, emails) may be suspended for overdue accounts.

4. Changes, Timing & Acceptance

4.1 General Changes
Work outside the agreed scope is billable on a time & materials basis at DesignDock’s then-current rate. Timelines may extend accordingly.

4.2 Substantive Changes
If requested changes exceed ~10% of effort/scope, DesignDock may issue a revised Proposal for Client approval prior to continuation.

4.3 Timing
DesignDock will use commercially reasonable efforts to meet agreed milestones (typical guides: initial logo concepts may be presented as quickly as 48 hours; initial website presentation may be as quickly as 3 business days from complete onboarding materials). Client agrees to timely reviews/approvals and to supply content as required. Client delays extend timelines without constituting breach by DesignDock.

4.4 Testing & Acceptance
Client has 5 business days to report issues in writing after each Deliverable. Absent such notice, Deliverables are deemed accepted and will proceed to the next stage or finalisation.

4.5 Chargeable Work Includes
Client meetings/calls/emails; quoting/presentations; concept development; research; training/consultation; drafts/wireframes; production and revisions inside/outside quoted scope.

4.6 Abandoned/Cancelled Work
If Client cancels or pauses a Project after work has begun, all work to date is billable at the full package purchase price and non-refundable.

4.7 Additional Charges Examples
– Excess images beyond agreed quotas;
– Manual re-typing of supplied hard-copy text;
– Image recreation/manipulation due to poor originals;
– Non-standard file conversions;
– Structural/visual changes outside the agreed brief;
– Multiple alternate concepts when a clear brief was not provided;
– Domain registrations and renewals (if managed by DesignDock).

5. Template Returns

5.1 No returns on template purchases or digital downloads.

6. Client Responsibilities

Client will: (a) coordinate internal decision-making; (b) provide usable content/assets; (c) proof final deliverables. Approved errors found later (e.g., typos) are Client’s responsibility to correct at their cost.

7. Accreditation / Promotions

Unless otherwise agreed, Deliverables may include discreet DesignDock credit. DesignDock may display work for portfolio, case studies, social media, awards, and marketing (with reasonable confidentiality respected). Either party may reference the collaboration in promotional materials with the other’s reasonable approval.

8. Confidentiality

Each party may access the other’s confidential information during the Project. Both agree to keep such information strictly confidential except where disclosure is required by law. Public domain information or content lawfully received from third parties is excluded.

9. Relationship of the Parties

9.1 Independent Contractor
DesignDock acts as an independent contractor. No partnership or employment is created. Work is not a “work for hire.” Client’s rights are defined solely by this Agreement.

9.2 Third-Party Providers
DesignDock may use third-party providers (e.g., template authors, developers, integrators). DesignDock manages these providers but is not liable for their independent terms/licences.

9.3 No Solicitation
Client agrees not to solicit/hire DesignDock personnel or key contractors for 12 months post-Project without written consent. A placement fee may apply if breached.

9.4 Non-Exclusive
Both parties remain free to work with others.

10. Warranties & Representations

10.1 Client
Client warrants that all supplied content is owned/authorised and non-infringing and that Client will comply with all third-party licence terms and applicable laws.

10.2 DesignDock
DesignDock warrants Services will be performed professionally and, except for third-party materials and Client Content, Final Art will be original to DesignDock or properly licensed. If Client or third parties alter Deliverables outside scope, warranties are void. EXCEPT AS STATED, DESIGNS/DELIVERABLES ARE PROVIDED “AS IS,” WITHOUT OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Indemnification / Liability

11.1 Limitation of Liability
In all cases, DesignDock’s maximum aggregate liability shall not exceed AUD $100. DesignDock is not liable for lost profits, business interruption, data/email loss, third-party platform changes (e.g., search rankings), or any indirect or consequential damages, even if advised of the possibility.

12. Term & Termination

12.1 Term
This Agreement starts on acceptance and continues until Services are completed unless terminated earlier.

12.2 Termination for Cause
Either party may terminate for material breach not cured within 10 days of written notice; insolvency; or abusive/threatening conduct toward staff. Projects exceeding 2 months without prior agreement may be terminated by DesignDock.

12.3 Hosting/Access
If Client requests admin/server access and later issues arise, remedial work is billable. Client may not upload third-party sites to DesignDock servers. Server-wide impacts caused by Client are Client’s liability.

12.4 Client-Initiated Termination (Compensation)
Upon Client termination, DesignDock will be compensated for: (a) any upfront payments; and (b) work performed to date (prorated against the total project scope) plus all approved expenses/costs incurred. If Client moves hosting away, all DesignDock-licensed plugins/services tied to DesignDock accounts are terminated immediately.

12.5 IP on Termination
Upon full and cleared payment for work to date, DesignDock grants Client the rights set out in the Proposal (typically, usage rights to Final Deliverables; working files remain DesignDock’s unless otherwise agreed).

12.6 Hosting Renewals/Cancellation
For managed hosting/care plans, Client must notify DesignDock within 5 business days of renewal invoice to cancel without minimum charges. Otherwise, the renewal or minimum period applies. After cancellation or migration, DesignDock support/warranties and licenses cease for that site.

12.7 Website Transfer
If a third party will assume hosting/management, a setup/transfer fee may apply and must be paid before code/database export or DNS coordination.

13. General

13.1 Modification/Waiver
DesignDock may update these T&Cs. Current terms are available at designdock.com.au (or attached to your Proposal). A waiver of any breach is not a waiver of subsequent breaches.

13.2 Notices
Notices must be in writing (email with confirmation, or registered post) to the addresses in the Proposal.

13.3 Assignment
Neither party may assign this Agreement without written consent.

13.4 Force Majeure
DesignDock is not liable for delays beyond reasonable control (e.g., platform outages, strikes, illness, acts of God, regulatory changes).

13.5 Access & Security
For security and stability, DesignDock generally provides appropriate CMS roles rather than unrestricted admin access. If full admin access is granted at Client request, DesignDock warranties/support may be voided.

13.6 Governing Law & Disputes
This Agreement is governed by the laws of New South Wales, Australia. Disputes will first be negotiated in good faith; if unresolved, parties may proceed to mediation/arbitration or litigation in NSW courts. The prevailing party may recover reasonable legal costs.

13.7 Severability
If any provision is unenforceable, the remainder remains in effect.

13.8 Headings
Section headings are for convenience only.

13.9 Entire Agreement
This Agreement (including Proposal and referenced schedules) constitutes the entire understanding between the parties and supersedes prior discussions.

Client Agreement & Acceptance

Written acceptance of a Proposal, payment of a deposit, or payment of hosting/care plan fees to DesignDock constitutes acknowledgment, understanding, agreement, and acceptance of the Proposal and these Terms & Conditions.